Bombay High Court
Shri. Sheshrao S/O Laxmanrao ... vs Shri. Baba S/O Balaji Kadu And ... on 1 April, 2016
Bench: S.B. Shukre
J-wp183.16.odt 1/3
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION No.183 OF 2016
Sheshrao s/o. Laxmanrao Davande,
Aged about 42 years,
Occupation : Agriculturist,
R/o. Gada, Tahsil Kamptee,
District Nagpur. : PETITIONER
...VERSUS...
1. Shri Baba s/o. Balaji Kadu,
Aged : Major,
Corrected address of Occupation : Agriculturist,
respondent No.1 as per
R/o. Wadoda, Tah. Kamptee,
Registrar(J) order
dt.5.2.2016. District - Nagpur.
1. Baba s/o. Balaji Kadu,
R/o. 90, Shivshakti Nagar,
Manewada Ring Road Square,
Behind Swarg Bar,
Near Tumsare Hardware,
Nagpur.
2. District Deputy Registrar,
Co-operative Societies, Nagpur,
Plot No.8, Hindustan Colony,
Amravati Road, Nagpur.
3. Agricultural Produce Market Committee,
Near Hocky Building,
J.N. Road, Kamptee, District Nagpur,
through its Secretary. : RESPONDENTS
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
Mr. A.D. Dangore, Advocate for the Petitioner.
Ms. T.H. Udeshi, Assistant Government Pleader for the Respondent No.2.
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
::: Uploaded on - 04/04/2016 ::: Downloaded on - 29/07/2016 20:34:30 :::
J-wp183.16.odt 2/3
CORAM : S.B. SHUKRE, J.
st
DATE : 1
APRIL, 2016.
ORAL JUDGMENT :
1. Rule. Rule made returnable forthwith. Heard
finally by consent of learned Counsel appearing for the parties.
2. In this case, the respondent No.1, during his continuance
as elected member of the A.P.M.C. has earned disqualification
resulting from expiry of his term of his membership of a managing
committee of Wadoda Sewa Sahakari Society. In the writ petition
No.3130/2015 decided on 15th and 18th December, 2015 by the
Division Bench of this Court a similar issue was involved. In that
petition also, the question was whether the elected members of the
A.P.M.C. would be deemed to have vacated their membership by
virtue of segregation or expiry of the term of membership of a
society or not. The Division Bench answered the issue in
affirmative by holding that the member of the Market Committee
elected from village panchayat constituency or from the category of
members of the managing committee of a Society would be deemed
to have vacated the office of the Market Committee after he ceased
to be member of Managing Committee or the village panchayat or
J-wp183.16.odt 3/3
as the case may be. The Division Bench relied upon a reported
judgment rendered in Writ Petition No.4092/2013. It is obvious
that the issue involved in this petition is squarely covered by the
said judgment of the Division Bench of this Court.
3. In view of above, writ petition is allowed.
4. The impugned order dated 21st August, 2015 is hereby
quashed and set aside.
5. The application of the petitioner is allowed and it is held
that the respondent No.1 has incurred disqualification under
Section 15(1) and is bound to have vacated his membership of the
Market Committee.
6. Rule is made absolute in these terms. No costs.
JUDGE
okMksns
