Yogesh Duryodhan Kadam v. The State Of Maharashtra Throu. The Dept Of Co-Operation And Marketing And ORS

2025:BHC-AS:35330

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10598 OF 2025 Yogesh Duryodhan Kadam ...

Petitioner V/s.

The State of Maharashtra through the Dept. of Co-operation and Marketing and Ors.

...

Respondents ------------------- Mr. Virendra V. Pethe, for the petitioner.

Ms. D.S. Deshmukh, AGP, for the respondent nos. 1 to 3. Mr. V.V. Gangurde, for the respondent no. 4.

Mr. Abhijit Kulkarni, for the respondent no. 5. Mr. Rameshwar Gite, for the respondent no. 67. --------------------

CORAM

:

N.J. JAMADAR, J.

DATE :

7th AUGUST 2025 ORAL ORDER :

1.

Heard the learned counsel for the parties.

2.

The challenge in this Petition is to an order dated 26 May 2025 passed by the Joint Registrar, Co-operative Societies, thereby affirming the order dated 6 August 2024 passed by the District Deputy Registrar under Rule 10(3) of the Maharashtra Agricultural Produce Market Committee (Election to Committees) Rules, 2007. By the said order

dated 6 August 2024, the Deputy Registrar was persuaded to declare that the Petitioner was disqualified to be a member of the APMC, Manmad, as the Petitioner was elected from the constituency of Village Panchayat (Economically Weaker Sections) and the EWS certificate issued by the Tahasildar, Nandgaon in favour of the Petitioner was cancelled by an order dated 6 May 2024.

3.

In the intervening period, the Petitioner had assailed the order passed by the Tahasildar, cancelling EWS Certificate before the SubDivisional Officer, Yeola. By an order dated 2 September 2024, the Sub-Divisional Officer allowed the Appeal and set aside the order of Tahasildar.

4.

Another appeal was preferred by Respondent No.6 against the order dated 3 April 2023 granting EWS certificate to the Petitioner. By an order dated 25 November 2024, the said appeal was allowed and the EWS certificate dated 3 April 2023 granted in favour of the Petitioner was set aside. Being aggrieved by the said order, the Petitioner has filed an appeal before the District Collector, Malegaon - Nashik.

5.

Since the eligibility of the Petitioner to be an elected member of

APMC, turns upon the EWS certificate, which has been cancelled by the order of the Sub-Divisional Officer and the said order is subjudice in an appeal preferred by the Petitioner before the Additional Collector, it would be appropriate that the said appeal itself is decided expeditiously.

6.

Thus, the Petition stands disposed with a direction to the Additional Collector to decide the appeal preferred by the Petitioner against an order dated 25 November, 2024 passed by the SubDivisional Officer, as expeditiously as possible, and, preferably, within a period of four weeks from the date of communication of this order. (N.J. JAMADAR, J) Signed by: S.S.Phadke Designation: PS To Honourable Judge Date: 14/08/2025 20:48:36