Kiran Govind Patil And ORS v. The State Of Maha. Thr. Gp And ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 14663 OF 2022 WITH INTERIM APPLICATION (ST) NO. 29435 OF 2022 IN WRIT PETITION NO. 14663 OF 2022 Adv. Kiran Govind Patil ... Petitioner
Versus
The State of Maharashtra and Ors.
... Respondents YUGANDHARA SHARAD PATIL by YUGANDHARA SHARAD PATIL Date: 2022.12.17 12:06:43 +0530 WITH WRIT PETITION NO. 15470 OF 2022 (on production board) Sadanand Bandpopant Nawale ... Petitioner
Versus
The State of Maharashtra and Ors.
... Respondents ****** Mr. Tejas Hilge for the Petitioner in WP No. 14663/2022. Mr. S.S. Gite for Petitioner in WP No. 15470/2022. Mr. Drupad Patil a/w Mr. Dheeraj Patil for applicant in IA(St.) No. 29435/22.
Mr. Chetan Patil for the Respondent No. 4 in both Wps. Mr. R.S. Pawar AGP for Respondent Nos.1 and 3 in WP No. 14663/2022.
Mr. S.L. Babar AGP for Respondent-State in WP No. 15470/2022. Mr. Deelip Patil Bankar Chief Standing Counsel a/w Ms. Pooja D. Patil for Respondent No. 2-SCEA in both Wps.
****** CORAM: R. D. DHANUKA AND M.M.SATHAYE JJ.
DATE : 14th DECEMBER 2022 P.C. :- 1.
Learned counsel for petitioners in both these petitions relied 1 /3
upon the order passed by Aurangabad Bench of this Court on 30th November 2022 in Civil Application No. 15388 of 2022 in Writ Petition No. 4750 of 2022 with connected matters in case of Deepak Shivram Patare and Another Vs. The State of Maharashtra through the Secretary and others, holding that all the farmers are being made eligible to contest the elections of the APMC and even ordinance has been signed by the Hon'ble Governer, and when the elections of the Gram Panchayats are underway, and the Gram Panchayat members are included in the franchise for the APMC elections, it would be appropriate to allow applications and extend the time for holding the election. Aurangabad Bench has accordingly extended the date of holding APMC election till 15th March 2023. Since these elections are also in respect of another APMC, we will pass order on the same line that is passed by Aurangabad Bench.
2.
The date of holding APMC election which is a subject matter of these petitions is accordingly extended till 15th March 2023 and as our attention is invited by learned counsel for petitioners to the Administrative order passed by the Hon'ble Chief Justice and communicated by Registrar(Judicial-I), High Court, Appellate Side, 2 /3
Bombay to the Registrar(Judicial),High Court of Judicature at Bombay, Nagpur Bench for transferring some of the Petitions relating to the same issue pending before the Principal Bench and also before the Aurangabad Bench to be heard by the Hon'ble Division Bench of High Court Bench at Nagpur as per Roster.
3.
In view of the said Administrative order passed by the Hon'ble Chief Justice, Registrar (Judicial-I), High Court, Appellate Side, Bombay has directed the transfer of the paper and proceedings of these Writ Petitions also to the High Court of Judicature at Nagpur Bench expeditiously for clubbing with the respective Writ Petitions described in the subject mentioned in the letter dated 18th October 2022.
4.
It is made clear that in view of the order passed by Aurangabad Bench of this Court, which is followed by this Bench today, upon declaration of the result of village panchayat election, parties would be at liberty to file an application for appropriate interim relief before the Nagpur Bench.
[M.M.SATHAYE,J.] [R. D. DHANUKA, J.] 3 /3