Statutory Interpretation of Section 23A of the APMC Act and Collector's Power of Delegation

sketch of the Bombay High Court
Case
GAJANAN GOVINDRAO MUNDE v. THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY CO OPERATION DEPARTMENT AND OTHERS (Bombay High Court, 09-10-2026)
Law
Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, Constitution of India, Administrative Law.

Highlights of the Judgment:

  • Detailed examination of whether Section 23A(3) of the Maharashtra Agricultural Produce Marketing Act, 1963, is mandatory or directory.
  • Analysis of the Collector's statutory power to delegate administrative and ministerial tasks, such as convening no-confidence meetings, to subordinate officers.
  • Interpretation of statutory use of the word "shall" versus "may" in administrative provisions.
  • Application of doctrines of implied delegation and administrative necessity in market committee governance.
  • Review of procedural compliance regarding the proper filing and acknowledgment of no-confidence requisitions.
  • Affirmation of democratic principles governing the removal of elected office-bearers upon a loss of majority confidence.