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Bombay High CourtWP/7375/2021disposed off

Dattu Namdeo Kale v. The State Co-Op Election Authority Maharashtra And ORS

2021-11-22Hon'Ble Shri Justice G.S. Patel,Hon'Ble Shri Justice Madhav J. Jamdar3 pages

Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7375 OF 2021 Dattu Namdeo Kale

...Petitioner

Versus

The State Cooperative Election Authority Maharashtra & Ors

...Respondents

Mr Remeshwar N Gite, for the Petitioner.

Mr Dilip Bodake, for the Respondent.

Mr RP Kadam, AGP, for the State.

CORAM:

G.S. Patel & Madhav J. Jamdar, JJ.

DATED:

PC:- 1.

We are shown a letter dated 17th November 2021 issued by SHEPHALI SANJAY MORMARE the Maharashtra Government in regard to the elections generally to by SHEPHALI SANJAY MORMARE Date: 2021.11.23 18:38:39 +0530 the APMCs. We are assured that these steps will be applied to the present case also, that is to say that the elections of the Primary Societies (Agricultural Credit Societies or Multi-Purpose Cooperative Societies that give agricultural credit). As required by Section 13 of the APMC Act, the primary elections will obviously have to precede the elections to the AMPC.

2.

We are informed that a similar order was made in a batch of Writ Petitions listed on 18th November 2021 before the Division Bench of this Court at Aurangabad (SV Gangapurwala and RN Laddha JJ) (Writ Petition No. 11669 of 2021 and associated Petitions). We accept the statements made on behalf of the Respondent-State.

3.

In this context, we reproduce paragraph 12 of the order of the Aurangabad Bench :

"12.

In the light of above facts and circumstances and the stand of the State Government the State Co-operative Election Authority, Taluka Co-operative Election OfÏcer and the District Election OfÏcer of APMC shall first conduct the elections of the Primary Agricultural Societies and thereafter all APMCs. The same shall be done expeditiously and in time bound manner. We are also being apprised, the Election Authorities have already commenced the elections of the primary Agricultural Societies phasewise manner, the same shall be expedited of course adhering to the time stipulations under the Statute and without wasting any further time."

4.

We adopt the same view.

5.

In view thereof, the Writ Petition is disposed in the above term with liberty to the Petitioner to move Court if the need arises. 6.

There will be no order as to costs.

7.

of this order.

(Madhav J. Jamdar, J.) (G. S. Patel, J)