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Bombay High CourtWP/14720/2024disposed off

Ramchandra Hari Patil v. District Deputy Registrar And ORS

2024-10-21Hon'Ble Shri Justice Rajesh S. Patil , Hon'Ble Shri Justice A.S. Chandurkar2 pages

505.wp.14720.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Writ Petition NO. 14720 OF 2024 Ramchandra Hari Patil

...Petitioner

Versus

District Deputy Registrar And Ors

...Respondents

...

Adv. Nilesh Wabale a/w. Adv. Rutuja Khatmode i/b. Adv. Umesh Mankapure, Advocate for the petitioner.

Shri. N. K. Rajpurohit, AGP for the respondents-State. ...

CORAM : A.S. CHANDURKAR & RAJESH S. PATIL, JJ DATE : 21st OCTOBER, 2024.

P.C. :

1.

Not on board. Upon mentioning taken on production board. 2.

Leave granted to amend the cause title and implead the Secretary, Ministry of Marketing and Textile, Mantralaya Mumbai as respondent No.5. Amendment to be carried out forthwith. 3.

The prayer made by the petitioner is for expeditious consideration of petitioner's stay application that has been made in Appeal preferred by the Petitioner on 17th October 2024 raising challenge to the order dated 14th October 2024 passed by the District Deputy Registrar of the Co-operative Society, Sangli. By that order, 1/2 ADN

505.wp.14720.2024.doc the petitioner who is an elected member of Sangli Agricultural Produce Market Committee has been disqualified under Rule 10 (h) and Rule 10 (3) of the Maharashtra Agricultural Produce Market Committee (Election Committee) Rules, 2017.

4.

Considering the fact that the petitioner was an elected member of the Market Committee, the interest of justice will be served by directing the respondent No.5 to consider the petitioner's stay application on its own merits and in accordance with law, within a period of 15 days of receiving copy of this order. The stay application shall be decided on its own merit, after giving an opportunity of the hearing to the respondent Nos. 3 and 4. Without prejudice to the rights of the parties, it is directed that till the stay application is decided and subject to outcome of that consideration, no by-election shall be held to fill up the vacancy caused by the removal of the petitioner. The petitioner shall serve copy of this order to the respondent Nos. 3 to 5.

5.

All points raised are kept open. The Writ Petition is disposed of.

[ RAJESH S. PATIL, J. ] [ A.S. CHANDURKAR, J. ] 2/2 ADN