Megha 26_wp_7889_2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7889 OF 2026 Sudhir Madhukar Bhomale ...Petitioner V/s. Bhavana Abhinath Shende and Ors. ...Respondents ________________ Mr. Drupad S. Patil (through vc) with Mr. Balasaheb G. Ligade for the Petitioner. Mr. Divyesh K. Jain for Respondent No.1. Mr. P.G. Sawant, AGP for Respondent-State. ________________ CORAM: SANDEEP V. MARNE, J. DATED: 29 AUGUST 2026. P.C.: 1) The Petition challenges order dated 9 January 2026 passed by the Divisional Joint Registrar, Pune Division, Pune, (Divisional Joint Registrar) dismissing Appeal No.96 of 2025 filed by the Petitioner and confirming the order dated 14 August 2025 passed by the District Election Officer, Agricultural Produce Market Committee (APMC) /District Deputy Registrar, Co-operative Societies, Pune (District Election Officer), disqualifying the Petitioner under Rule 10(3) of the Maharashtra Agricultural Produce Market Committee (Election to Committee) Rules, 2017 (APMC Election to Committee Rules) and declaring that the Page No. 1 of 4 29 August 2026 2026:BHC-AS:35629 Megha 26_wp_7889_2026 position of Chairman of the APMC, Khed has become vacant from 14 August 2025. 2) I have heard Mr. Patil, the learned counsel appearing for the Petitioner and Mr. Jain, the learned counsel appearing for Respondent No.1 and have considered the submissions canvassed by them. 3) Perusal of the orders passed by the District Election Officer/ District Deputy Registrar and Divisional Joint Registrar would indicate that the Petitioner is disqualified on a solitary ground that the land is owned by his father and not by the Petitioner himself. Under Rule 9, as amended vide Notification dated 15 March 2023 it appears that the first proviso to sub-rule (1) lays down twin requirements of (i) holding minimum 10 R agricultural land in the market area and (ii) sale of notified agricultural produce at least three times in the preceding five market years before declaration of election in the market area. Proviso to sub-rule (1) of Rule 9 of the APMC Election to Committee Rules reads thus:- Rule 9 Persons qualified to be elected (1) Every person who is an agriculturist and who is residing in the market area and is not less than twenty-one years of age on the date specified by the State Co-operative Election Authority, if required with the help of the Collector or the District Deputy Registrar, as the case may be, unless disqualified under the Act or rules and whose name appears in the final voters list shall be qualified to be elected by the agriculturists constituency. Provided that, for the purpose of contesting election under clause (a) of sub-section (1) of section 13, the candidate shall hold minimum 10 R of agricultural land in the market area and must have sold his notified agricultural produce at least three times in the preceding five market years before the date of declaration of election in the Page No. 2 of 4 29 August 2026 Megha 26_wp_7889_2026 market area and it shall not be required that his name appears in the Voters’ list. 4) Thus, first requirement under Rule 9 is to merely hold minimum of 10 R of agricultural land. The said Rule does not require that the candidate contesting the election must own the land. In my view, therefore, the District Election Officer /District Deputy Registrar as well as Divisional Joint Registrar have erred in disqualifying the Petitioner on the ground of non-ownership of the land by him. Though the land may be owned by the Petitioner’s father, so long as he proves holding of the land for the purpose of cultivation and selling the agricultural produce, eligibility within the meaning of Rule 9 would stand acquired. 5) The definition of the term ‘Agriculturist’ under Section 2(1)(b) of the APMC Act is as under:- 2. Definitions (b) "agriculturist" means a person who ordinarily by himself or by hired labour or otherwise is engaged in the production of growth of agricultural produce which has not been processed, but does not include a trader, commission agent, processor or broker, an employee of Government or of any co-operative society or of a Market Committee, or a partner in trading firm or an industrial concern in or in relation to agricultural produce although such trader, commission agent, processor, broker, an employee of Government or of any co- operative society or of any Market Committee or a partner in trading firm or an industrial concern may also be engaged in the production or growth of agricultural produce; 6) Thus, what is envisaged under the APMC Act is not ownership of the land but even a person, who is merely engaged in production or growth of agricultural produce is required to be treated as an agriculturist. Concept of the Act and the Rules is thus that the emphasis Page No. 3 of 4 29 August 2026 Megha 26_wp_7889_2026 is on cultivation and not ownership. In that sense, it was not necessary for the Petitioner to prove that he owns the land. 7) Mr. Jain has sought to highlight the position that the certificate of agriculturist produced by the Petitioner is faulty. However, this objection need not detain the Court any further since disqualification of the Petitioner is not ordered on account of any defect in the certificate. Even otherwise Explanation to Proviso to Rule 21(4) merely requires issuance of certificate by the Talathi that the candidate is an agriculturist. In the present case, Tahasildar has issued certificate in favour of the Petitioner. 8) Considering the above position, in my view, impugned orders passed by the District Election Officer/ District Deputy Registrar and Divisional Joint Registrar are unsustainable and liable to be set aside. 9) Petition accordingly succeeds. Order dated 9 January 2026 passed by the Divisional Joint Registrar as well as order dated 14 August 2025 passed by the District Election Officer/ District Deputy Registrar are set aside. Writ Petition is allowed in above terms. There shall be no order as to costs. [SANDEEP V. MARNE, J.] Page No. 4 of 4 29 August 2026 Signed by: Megha S. Parab Designation: PA To Honourable Judge Date: 01/09/2026 11:04:07