The State Of Maharashtra Through Its Secretary And Others v. Dattarolaluji Mohite And Others

1 9-WP-16198-2022 & Ors.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 9 CIVIL APPLICATION NO.16918 OF 2022 IN WP/10589/2022 THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS

VERSUS

SHIVANAND SAMBAPPA HANGANE AND OTHERS WITH CIVIL APPLICATION NO.16930 OF 2022 IN WP/4761/2022 WITH CIVIL APPLICATION NO.16920 OF 2022 IN WP/9647/2022 WITH CIVIL APPLICATION NO.16926 OF 2022 IN WP/2602/2018 WITH CIVIL APPLICATION NO.16927 OF 2022 IN WP/9807/2022 WITH CIVIL APPLICATION NO.16919 OF 2022 IN WP/4616/2022 WITH CIVIL APPLICATION NO.16931 OF 2022 IN WP/4761/2022 WITH CIVIL APPLICATION NO.16925 OF 2022 IN WP/9932/2022 WITH CIVIL APPLICATION NO.16922 OF 2022 IN WP/9662/2022 WITH CIVIL APPLICATION NO.16923 OF 2022 IN WP/9869/2022 WITH WP/11972/2022, WP/11974/2022, WP/11393/2022, WP/11970/2022, WP/12833/2022, WP/12835/2022, WP/12989/2022, WP/13261/2022, WP/12723/2022, WP/12834/2022 and WP/13078/2022 Mr D.R. Kale, Government Pleader for the Applicant/State Mr Rajendra Deshmukh, Senior Counsel a/w Ms Ashwini Sahasrabudhe i/by Mr D.R.

Kale (Government Pleader) in C.A. No. 16918/2022 in Writ Petition No. 10589/2022 Mr V.D. Hon Senior Counsel a/w Mr A.V. Hon, Advocate for Applicant in C.A. No. 16930/2022 in W.P. No.4761/2022 Mr S.B. Ghatol Patil, Advocate for Applicant in C.A. No. 169230/2022 in W.P. No. 9869/2022 Mr S.K. Kadam, Advocate for Respondent No. 6 Mr S.S. Thombre, Advocate for the Respondent in Writ Petition Nos. 11972/2022, 11974/2022, 11393/2022, 11970/2022, 12833/2022, 12835/2022, 12989/2022 and 13261/2022 Mr T.Y. Sayyed, Advocate for Petitioner in Writ Petition No.

2 9-WP-16198-2022 & Ors. Mr. L.H. Kawale, Advocate for Petitioners in Writ Petition No. 12834 of 2022 Mr S.S. Jadhavar, Advocate for Petitioner in Writ Petition No. 13078 of 2022 CORAM : MANGESH S. PATIL AND S.G. CHAPALGAONKAR, JJ.

DATE : 09-01-2023 PER COURT :

1.

By way of these applications, the State is seeking extension of time for conducting the Agricultural Produce Market Committee elections. 2.

It is pointed out by both the sides that in similar group of matters, the High Court of Bombay, Bench at Nagpur on 05-01-2023 in Writ Petition No. 3613 of 2022 with connected matters has passed the following order :-

12. We accordingly issue the following directions : a) The Election Authority shall ensure that the elections of all the Market Committees in the State of Maharashtra where elections are due, are held on or before 30-4-2023. b) The State shall extend every cooperation to the Election Authority and facilitate that the time schedule is strictly abided by.

c) The State Government shall be at liberty to replace or substitute the Administrator or Board of Administrators with Government Officer/Officers consistent with the observations supra. Wherever the elected body is in office, either by reason of judicial order or extension earlier granted by the State Government, the concerned authority shall independently and individually decide whether an Administrator or Board of Administrators is required to be appointed. The decision shall be taken on the basis of relevant considerations, inter alia, the existence or otherwise of any allegation of misconduct or impropriety against the elected body.

3.

In the light of the above, these civil applications are disposed of. 4.

List the writ petitions on 17-01-2023.

[ S.G. CHAPALGAONKAR, J. ] [ MANGESH S. PATIL, J. ] mta