Sanjay Devidasrao Bondhare v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AURANGABAD WRIT PETITION NO. 5447 OF 2017 SANJAY DEVIDASRAO BONDHARE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr. Bagal Suraj R.

GP for Respondents/State : Mr. A.B.Girase .....

CORAM : R.M.BORDE AND K.L.WADANE, JJ.

DATED : 24th APRIL, 2017 O R D E R :

The elections to the Agricultural Produce Marketing Committee, Akhada Balapur (for short, 'the said Committee') were due in 2015, however, the elections could not take place even after completion of five years tenure of outgoing Managing Committee.

2.

By order dated 30.3.2015 the State Government directed appointment of an Administrator. The official of the Government i.e. the Assistant Registrar, Cooperative Societies is directed to administer the affairs of

the said Committee in place of the elected body whose term is already over in 2015.

3.

The petitioner has posed apprehension that even though elections are over due and the steps are also taken for conducting the elections, since the State Government is moved for appointing administrative body consisting of private individuals, may issue orders.

4.

Considering the facts and circumstances of this court, this petition can be disposed of by issuing directions to respondent nos. 1 to 3 to hold the elections of the Agricultural Produce Market Committee, Akhada Balapur, as expeditiously as possible, preferably within three months from today and it is accordingly directed.

5.

In the mean while, respondent nos. 1 to 3 shall not replace the Government official, by making appointment of private individual to administer the affairs of the said Committee. The

Government official shall not be substituted by administrative body consisting of private individual.

6.

Writ Petition is accordingly disposed of.

(K.L.WADANE, J.) (R.M.BORDE, J.) dbm/wp5447.17