Vishnu S/O Ramaji Rathod And Another v. District Election Officer (Apmc)/ District Deputy Registrar Co-Op. Society, Washim And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.5025/2015 Vishnu s/o Ramaji Rathod and another ...Versus...

District Election Officer (APMC), District Deputy Registrar, Co-operative Society, Washim and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.V. Band, Advocate for petitioners CORAM : SMT. VASANTI A. NAIK AND A.I.S. CHEEMA, JJ.

DATE : 28.08.2015 By this petition, the petitioners seek a declaration that the process of election to the Agricultural Produce Market Committee is illegal and in contravention with the provisions of Rule 53 (5) (a) & (b) of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Rules, 1967. According to the petitioners, the election to the market committee are held in contravention with the Rules of 1967 inasmuch as the respondent no.2 had allotted the same symbol to more than one candidates in the same constituency. Since the election of the Agricultural Produce Market Committee is already conducted, the petitioners would have other remedies. It would not be proper to entertain the writ petition under Article 226 of the Constitution of India. In view of the aforesaid, the writ petition is dismissed with no order as to costs.

JUDGE JUDGE Wadkar