Sayaji Manik Mohite v. Balu Bapu Thigle And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4295 OF 2025 Sayaji Manik Mohite .. Petitioner Vs.

Balu Bapu Thigle and Ors.

.. Respondents Mr. Drupad S. Patil with Mr. B.G. Ligade, Advocates for the Petitioner. Ms. Madhavi Tavanandi with Mr. Suraj B. Chakor, Advocates for Respondent No.1.

Mr. S.B. Kalel, Assistant Government Pleader for Respondent Nos.3 and 4. CORAM : A.S. CHANDURKAR & M.M. SATHAYE, JJ DATE : 27TH MARCH 2025.

P.C. :

1.

Heard.

2.

The petitioner has filed the present writ petition praying that during pendency of the appeal preferred under Section 9-B of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963, being Appeal No.12 of 2025 (Sayaji Manik Mohite Vs. Balu Bapu Thigle and Ors.), the effect and operation of the order dated 10th February 2025 passed by the Assistant Registrar, Co-operative Societies, Khed (Rajgurunagar), Dist. Pune be stayed.

3.

The learned counsel appearing for the respondent no.1 submits that a notice has now been issued by the State Government on 25th March 2025 and the said appeal is now fixed for further consideration on 2nd April 2025.

Digitally signed by SNEHA ABHAY DIXIT Date:

2025.03.29 12:04:45 +0530 1/2 Dixit SNEHA ABHAY DIXIT 905-WP-4295-2025.doc

4.

The learned counsel for the petitioner submits that in view of the order dated 10th February 2025 passed by the Assistant Registrar, Cooperative Societies, the District Election Officer has entertained an application preferred by the respondent no.1 seeking disqualification of the petitioner as Member of the Market Committee. He therefore apprehends that before the prayer for interim relief is considered in the pending appeal, the petitioner is likely to be disqualified. The aforesaid apprehension can be taken care of by issuing following directions which would serve the ends of justice :- (i) It would be open for the petitioner to seek appropriate interim relief in Appeal No.12 of 2025 that is pending before the State Government.

(ii) Till the time the prayer for interim relief is considered and decided, final orders in the proceedings for disqualification pending before the District Election Officer shall not be passed.

(iii) It is clarified that this direction is without prejudice to the rights and contentions of either parties.

(iv) All points are kept open for being raised in the pending appeal.

5.

The writ petition is disposed of in the above terms. [ M.M. SATHAYE, J. ] [ A.S. CHANDURKAR, J. ] 2/2 905-WP-4295-2025.doc Dixit