Dadahari Vimu Palan Sahakari Sanstha Warpud Through Its President A A Warpudkar v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.5021 OF 2017 (Dadahari Vimu Palan Sahakari Sanstha Warpud Vs. State of Maharashtra and others) Mr.S.B.Sontakke, counsel for the petitioner Mr.S.R.Yadav, AGP for respondent/State.

Mr.R.N.Dhorde, Senior Counsel i/b Mr.P.S.Dighe, for the intervenor. ( CORAM : M.S.Sanklecha, J.) DATE : 13/04/2017 PER COURT :

1.

As the challenge in this petition is likely to affect the election to Agricultural Produce Market Committee (APMC), to be held on 16/04/2017, all the counsel in unison request that this petition be disposed of finally at this stage. Therefore, the petition is taken up for final disposal at the request of the counsel. 2.

This petition challenges the order dated 06/04/2017 passed by the District Deputy Registrar, Co-operative Societies, Parbhani. By the impugned order, the petitioner's application for inclusion of its name in the final voters' list was rejected on the ground that the objection/claim to be included in the final voters list, eligible to vote at the elections to the APMC, scheduled to be held on 16/04/2017, was not made 3 days before the last date of nomination as required in

the Maharashtra Agricultural Produce Marketing (Development and Regulation) Rules, 1967.

3.

The impugned order had rejected the applications of 9 cooperative societies to be included in the final voters' list by the common impugned order dated 06/04/2017. However, only 1 of the 9 co-operative societies namely the petitioner herein has challenged the impugned order dated 06/04/2017 before this Court. The ground on which the impugned order rejected the petitioner's application to be included in the voters list is no longer res-integra in view of the decisions of this Court in WP NO.3520/2017 in Ambadas Warpudkar Krishi Upayogi Sahitya Puravatha Sah.Sanstha and others Vs.The State of Maharashtra and others, rendered on 29/03/2017. The above decision has taken a view that a right of a member to vote at the elections of the APMC, cannot be denied merely on account of the fact that the objection that its name has not been included in the voters' list, has not been received 3 days before the last date for submission of the nomination. 4.

In any event, it was contended by the respondents and the intervener that alternative remedy under Rule 88 of the Rules is available to the petitioner i.e. filing an election petition after the

election results are declared. I note that other societies challenging similar orders were entertained by this Court. (See Ambadas Warpudkar Krishi Upayogi) (supra). No distinguishing feature is shown which would warrant taking a different view in this case. Therefore, I am bound by the principle of consistency and follow the same. Further, in any case in the present facts the election petition under Rule 88 of the Rules is to be filed before the District Deputy Registrar, Co-operative Societies. The same person i.e. respondent No.2 District Deputy Registrar, Co-operative Societies has already taken a view by passing the impugned order. Therefore, the alternative remedy is not an efficacious remedy. 5.

In the above view, the petition is allowed by setting aside the order dated 06/04/2017 of respondent No.2-District Deputy Registrar, Parbhani. Further he is directed to include the name of the petitioner-society, who alone has challenged the impugned order dated 06/04/2017, in the voters' list for the election to be held on 16/04/2017, 6.

Petition is allowed in the above terms. No order as to costs. ( M.S.Sanklecha, J.)