APMC Trader Member – Automatic Vacancy – Non-Renewal of Licence

Where a member elected from the trader constituency ceases to hold a valid trading licence due to non-renewal, he automatically ceases to be a member and is deemed to have vacated the office by operation of law, without any separate declaration by the competent authority being necessary

Judgment dated 31.8.2026 of the High Court of Bombay Bench at Nagpur in Writ Petition No.5586 of 2026 of Chandrashekhar Rambhau Khedkar  Vs.  Agriculture Produce Market Committee Akola and others

Automatic Vacancy of Member on Non-Renewal of Trading Licence of APMC

The question involved in the present petition is, whether upon cessation of the licence of the petitioner as a trader he ceased to be a member and shall be deemed to have vacated the office, without any declaration made to that effect by the competent authority under the Act ?

In 2023, the petitioner was elected as Member of Agriculture Produce Marketing Committee from the category of Trader.  However, his trading licence was not renewed for the year 2026-2027.

By the impugned letter dated 25.4.2026, the petitioner was informed that he ceased to be a member of the respondent no.1 APMC on non-renewal of his licence as Trader for the year 2026-2027.

there is no element of doubt that, the moment licence of the petitioner ceased to operate for the reason of non renewal of the same, the petitioner ceased to be a member of the respondent No.1 APMC and was deemed to have vacated his office as member of the APMC. To give full effect to deeming fiction the Secretary has to communicate the occurrence of such vacancy to the State Cooperative Election Authority under Rule 73 and thereafter, the Election Authority has to conduct the election in accordance with the provisions of the Act.