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Bombay High CourtWP/15370/2025disposed off

Deepak Chandrakant Gogad v. The State Of Maharashtra Thru. Dept. And ORS

2025-11-14Hon'Ble Shri Justice N. J. Jamadar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 15370 OF 2025 Deepak Chandrakant Gogad ...

Petitioner V/s.

The State of Maharashtra and Ors.

...

Respondents ------------------- Mr. Balkrishna Joshi with Virendra Pethe, for the petitioner. Mr. Kishor Patil I.by Ajinkya Udane, for respondent No. 7. SWAROOP SHARAD PHADKE Ms. Kavita N. Solunke, Addl.G.P, for the State. -------------------- by SWAROOP SHARAD PHADKE Date: 2025.11.14 19:48:34 +0530

CORAM

:

N.J. JAMADAR, J.

DATE :

14TH NOVEMBER 2025 PC:

1.

Heard the learned counsel for the parties.

2.

The challenge in this petition is to an order dated 4th November 2025 passed by the District Deputy Registrar, thereby disqualifying the petitioner from the post of Chairman of APMC Market Committee, Manmad.

3.

Being aggrieved by the impugned order, the petitioner has preferred an appeal before the Joint Registrar, Co-operative Societies. The petitioner has also preferred an application for stay to the execution and operation of the order dated 4th November 2025. Said

application was taken on board of the Joint Registrar, Co-operative Societies. However, it has been adjourned to 25th November 2025. 4.

In the meanwhile, the Assistant Registrar, Co-operative Societies has declared a programme for election of the new Chairman. The petitioner is thus before this Court as the challenge to the impugned order would be rendered infructuous if the elections are held for the post of Chairman of the APMC.

5.

As the petitioner has already preferred a statutory appeal before the Joint Registrar and the prayer for stay to the order passed by the Deputy Registrar dated 4th November 2025 has not been considered by the Appellate Authority, at this stage, this Court does not consider it appropriate to delve into the merits of the matter. Nonetheless. the petitioner deserves an opportunity to press the application for stay to the execution and operation of the impugned order. Lest, the challenge would be rendered completely infructuous once new Chairman is elected. Therefore, this Court considers it expedient to prepone the hearing in the stay application to 18th November 2025. 6.

The parties shall appear before the Joint Registrar, Co-operative Societies on 18th November 2025, at 11:00 a.m.

7.

Joint Registrar is directed to hear and decide the application for stay to the execution, operation and implementation of the impugned order dated 4th November 2025, on 18th November 2025 and pass an appropriate order in accordance with law..

8.

Till the Joint Registrar passes an order on the application for stay, the execution, operation and implementation of the order dated 4th November 2025 passed by the Deputy Registrar shall stand stayed. 9.

However, in the intervening period, the petitioner shall not take any major and policy decision.

(N.J. JAMADAR, J)