Basavraj Mahadeo Malge v. The State Of Maharashtra Thr. The Department Of Co Operation Marketing And Textile Served Thr. Gp

902-ASWP-12030-2024.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12030 OF 2024 Basavraj Mahadeo Malge

...Petitioner

Versus

The State of Maharashtra through the Department of Cooperation Marketing & Textile & Ors

...Respondents

Mr Anil Sakhare, Senior Advocate, with Rohan Mirpury, for the Petitioner.

Mr AI Patel, Addl. GP, with Kavita N Solunke, AGP, for Respondent No.1-State.

Mr Sharad Bhosale, i/b Dilip Bodke, for Respondents Nos. 2 and 3. Mr Abhijit D Kulkarni, for Respondent No. 4.

SHEPHALI SANJAY MORMARE

CORAM

G. S. KULKARNI & ADVAIT M. SETHNA, JJ.

SHEPHALI SANJAY MORMARE Date: 2025.03.05 15:57:12 +0530 DATED:

5 MARCH 2025 PC:- 1.

On 13 January 2025 we have passed a detailed order on Interim Application No. 13785 of 2024 staying the impugned communications. The proceedings were made returnable on 3 February 2025. No reply affidavit has been filed by the State Government. Respondent No. 2, Election Authority has filed its affidavit stating that they are bound by the directions of the State Government.

5 March 2025

902-ASWP-12030-2024.DOC 2.

Despite interim reliefs as granted by us, no steps are taken by the concerned officers of/Respondent no. 2 to carry forward the election process of respondent no. 4, APMC which had already commenced on 10 June 2024. The obvious consequence of our order is that the process to elect the new body, respondent no. 4, APMC, Solapur is now required carried forward, this more particularly considering the fact that the term of the past elected body expired on 14 July 2023.

3.

Accordingly, we direct respondent no. 2 to take forward the election process of respondent no. 4 as commenced on 10 June 2024 within a period of four weeks from today. All contentions of the parties on the proposed elections are expressly kept open. 4.

The petition is disposed of in the aforesaid terms as none of the respondents intend to urge any offer/further contentions. 5.

All concerned to act on an authenticated copy of this order. (ADVAIT M. SETHNA, J) (G. S. KULKARNI, J) 5 March 2025