Kashinath Nimba Nandan v. District Deputy Registrar And ORS

WP. 2656-17 VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION No. 2656 OF 2017 Kashinath Nimba Nandan ...

Petitioner Vs.

District Deputy Registrar & Ors.

...

Respondents *** Mr. Amit A. Gharte, for the Petitioner.

Mr. C. P. Yadav, AGP for the Respondent - State. Mr. J. B. Bhoir, Section Officer, Cooperation, Marketing and Textile Department - Present *** CORAM : B. R. GAVAI, & RIYAZ I. CHAGLA, JJ.

DATE : JULY 26, 2017 PC.

1.

The Petitioner has come to this Court with an innocuous prayer that election to the Agricultural Produce Market Committee (for short "APMC") of Satana and Nashik be directed to be held within a stipulated period. On the last several dates, the learned AGP has sought time to take instructions as to within how much period the elections would be held, in view of the new electorate college as per the amendment to Section 44 of the Maharashtra Agricultural 1 / 2

WP. 2656-17 Marketing (Development and Regulation) Act, 1963. Today again the learned AGP, on instructions, states that since the Assembly is in session, a decision would be taken only after the bill is passed. We see no reason to postpone the elections, inasmuch as the Hon'ble Governor in exercise of his powers has already issued an ordinance, amending the said provision.

2.

In that view of the matter, we dispose of the petition with a direction to Respondent - State to hold election of the APMC of Satana and Nampur, as expeditiously as possible, and in any case prior to 30th November, 2017.

Sd/- Sd/- [RIYAZ I. CHAGLA, J.] [B. R. GAVAI, J.] Vinayak Halemath 2 / 2