Writ Petition No. 139 of 2010. Case: Agriculture Produce Market Committee, Prashant S/o Amrutrao Tayade and Sudhir S/o Ramdasji Javade Vs The State of Maharashtra through Secretary, Department of Cooperation, The District Deputy Registrar, Cooperative Societies and Prafulla S/o Khushalrao Mankar. High Court of Bombay (India)

Case NumberWrit Petition No. 139 of 2010
CounselFor Appellant: Subhash Paliwal, Adv. And For Respondents: Ravi Kadam, Adv. General and B.H. Dangre, Additional Government Pleader and For Intervenor: A.M. Ghare, Adv.
JudgesS.A. Bobde and Vasanti A. Naik, JJ.
IssueMaharashtra Agricultural Produce Marketing (Regulation) Act, 1963 - Sections 14(3), 14(3A), 15 and 15A; General Clauses Act, 1897 - Section 21; Co-operative Societies Act; Maintenance of Internal Security Act - Sections 10, 12 and 14; Constitution of India - Article 166
CitationAIR 2010 Bom 83, 2010 (3) MahLJ 84, 2010 (4) AllMR 324
Judgement DateMarch 02, 2010
CourtHigh Court of Bombay (India)

Judgment:

S.A. Bobde, J., (Nagpur Bench)

1. Rule, returnable forthwith. Heard by consent of the learned Advocate for the parties.

2. The petitioners have challenged the order dated 6-1-2010 passed by the respondent No. 1-the State of Maharashtra by which the earlier order postponing the elections to the Agriculture Produce Market Committee, Ralegaon has been cancelled and the elections are directed to be held. The petitioners have also challenged the consequential order dated 8-1-2010 passed by the District Deputy Registrar, Co-operative Societies, Yavatmal directing the appointment of an Administrator on the A.P.M.C., Ralegaon.

3. The petitioners are the Agriculture Produce Market Committee, Ralegaon, District Yavatmal; the Vice-Chairman of the said A.P.M.C.; and an agriculturist of village Kinhi. The A.P.M.C., Ralegaon was constituted for a period of five years. The first meeting was held on 26.4.2004 and the term expired on 25-6-2009. Thereafter the Government exercised powers under Section 14(3-A) of the Maharashtra Agricultural Produce Marketing (Regulation) Act, 1963 and postponed the elections for a period of six months i.e. upto 25-12-2009. The term of the Committee was not extended.

4. Apparently, elections to as many as 25 Agricultural Seva Sahakari Societies at the village level had not been held. The matter was brought to this Court and this Court by an order dated 24-11-2009 held that the elections to the Agricultural Seva Sahakari Societies should be held before the elections to the A.P.M.C. are declared.

5. On 23-12-2009 the respondent No. 1 State of Maharashtra issued an order in the name of the Governor of Maharashtra postponing the elections from 26-12-2009 by a period of six months on the following ground; that the Director of Marketing has formed an opinion to that effect, that this Court has passed an order directing that the elections to the Seva Sahakari Societies should be held first and that season of cotton and soyabean have commenced the said crops are coming into market in large quantities and it would not be proper to interrupt the sale and purchase due to the elections. This order was issued under Section 14(3-A) of the Maharashtra Agricultural Produce Marketing (Regulation) Act, 1963.

6. Thereafter much before the end of the period for which the elections are postponed the State suddenly decided to cancel the earlier order postponing the elections. This was done by the impugned order dated 6-1-2010. This order is significantly not issued by or in the name of the Governor of Maharashtra, but is issued by the Joint Secretary, State of Maharashtra simply stating that the postponement of elections made by the earlier order dated 23-12-2009 is cancelled. The order further directs the District Deputy Registrar of Cooperative Societies to supercede the Board of Directors of the A.P.M.C. and appoint an Administrator. In pursuance of this order, the District Deputy Registrar has issued the other impugned communication dated 8-1-2010 referring to the impugned order of the State Government dated 6-1-2010 and directing that the offices of the Directors of the petitioner-A.P.M.C. shall be vacated and directing the appointment of an Administrator till the first meeting of a newly elected committee under Section 15 of the Maharashtra Agricultural Produce Marketing...

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