Balaji Baliram Bande v. The State Of Maharashtra And Others

wp2251.16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO. 2251 OF 2016 Balaji s/o Baliram Bande .. PETITIONER

VERSUS

The State of Maharashtra & others .. RESPONDENTS Mr. S.T. Veer, advocate for petitioner.

Mr. S.S. Dande, AGP for the State.

Mr. D.J. Choudhari, advocate for respondent no. 7. Mr. L.S. Shaikh, advocate for respondents 8, 9, 17 and 19. Mr. S.K. Kadam, advocate for respondent no. 26. ===== CORAM : R.M. BORDE & K. L. WADANE, JJ.

DATE : 2nd AUGUST, 2016.

PER COURT :

1.

Petitioner is objecting to the notification issued on 18.02.2016 directing extension of the term of the elected Managing Committee of the APMC for a period of six months.

2.

It transpires that the extended term of the Managing Committee of the APMC is likely to come to an end on 28.08.2016. It would be obligatory on the part of respondent-authorities to hold elections for electing Managing Committee of the APMC on completion of extended term and, if at all, it is noticed that there is failure on the part of the office bearers to take steps for holding of the elections, it would be open for the State Government to take appropriate steps as provided under law. Election to the APMC need not be stalled on account of failure of the primary co-operative societies to elect

wp2251.16.doc their representatives. Out of 95 member societies, 81 member societies have not deposited the amount for holding elections with the State Election authority and as such, the election to the Managing Committee of the said societies could not be held. Respondents would take note of this aspect while preparing list of valid members and to take steps in accordance with the provisions of law.

3.

With the directions as above, writ petition stands disposed of. ( K. L. WADANE ) ( R. M. BORDE ) JUDGE JUDGE dyb