Bombay High Court
Amankhan Hakimkhan Pathan And ... vs The State Of Maharashtra ... on 24 February, 2016
Bench: B.R. Gavai
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION No.4840 OF 2014
1. Amankhan Hakumkhan Pathan,
Aged about 60 years, Occu. Chairman, APMC,
AT po & Tah. Nagbhid, Dist. Chandrapur.
2. Chandrashekhar Shridharrao Vigam,
Aged about 60 years,
At Po and Tah. Nagbhid, Dist. Chandrapur.
3. Gopal Tukaramji Mundle, Director,
Aged about 60 years,
At Po and Tah. Nagbhid, Dist. Chandrapur.
4. Bhagwan Wasudeo Ghiye, Director,
Aged about 54 years, At Po Talodhi (B)
Tah. Nagbhid, Dist. Chandrapur.
5. Arun Namdeorao Gaidhane, Director,
Aged about 46 years, At Po Kordha,
Tah. Nagbhid, Dist. Chandrapur.
6. Lalaji Sitkurahi Uikey, Director,
Aged about 63 years, At Po Wani,
Tah. Nagbhid, Dist. Chandrapur.
7. Madan Bauraoji Avghade, Director,
Aged about 57 years, At Sonuli, Po Balapur,
Tah. Nagbhid, Dist. Chandrapur.
8. Pandurang Ramaji Gaikwad,
Aged about 42 years, Vice Chairman,
APMC at Bagaimendha, Po Mindala,
Tah. Nagbhid, Dist. Chandrapur.
9. Sau. Shakuntalabai Kewalramji Yerne,
Director, Aged about 62 years,
At Po and Tah. Nagbhid, Dist. Chandrapur.
10. Sau. Savita Shankarrao Bhenderkar,
Director, Aged about 49 years,
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At Po Pardi, Tah. Nagbhid, Dist. Chandrapur.... ... Petitioners.
- Versus.-
1. The State of Maharashtra,
Through its Secretary, Co-operative,
Marketing and Textile Department,
Mantralaya, Mumbai -32.
2. The Executive Director,
Maharashtra State Agriculture Marketing
Board, Plot No. 7, Market Yard, Bultekdi,
Pune - 411 027.
3.
The District Deputy Registrar,
Cooperative Societies,
Chandrapur, Dist. Chandrapur.
4. Agricultural Produce Market Committee,
Nagbhid, District Chandrapur.
(Through its Secretary).
5. Assistant Registrar, Co-operative Societies,
Nagbhid, Dist. Chandrapur.
6. Shri Praful Devidas Khapde,
Aged about 47 years,
R/o Po & Ta Naghid,
Chairman, Board of Administrators,
APMC Nagbhid, Dist. Chandrapur.
7. Shri Purushottaom Sambhaji Bagmare,
Aged about 37 years, r/o Po Pahni,
Ta. Nagbhid, Vice Chairman,
Board of Administrators APMC,
Nagbhid, Dist. Chandrapur.
8. Shri Ashok Govinda Tatkar,
Aged about 40 years, r/o PO Talodhi,
Tah. Nagbhid, Member, Board of
Administrators, APMC, Nagbhid,
Dist. Chandrapur.
9. Shri Ramesh Ramkrushna Ghuhuskar, ,
Aged about 45 years, r/o PO Panhalgaon,
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Tah. Nagbhid, Member, Board of
Administrators, APMC, Nagbhid,
Dist. Chandrapur.
10. Shri Sanju Krushnaji Urkude, ,
Aged about 35 years, r/o Panjrepar, PO Pardi,
Tah. Nagbhid, Member, Board of
Administrators, APMC, Nagbhid,
Dist. Chandrapur.
11. Shri Sudhakar Vasudeo Amrutkar,
Aged about 50 years, r/o PO and
Tah. Nagbhid, Member, Board of
Administrators, APMC, Nagbhid,
Dist. Chandrapur.
12. Shri Arun Gopala Gongal,
Aged about 40 years, r/o PO Chikmara,
Tah. Nagbhid, Member, Board of
Administrators, APMC, Nagbhid,
Dist. Chandrapur.
13. Shri Bhimkrao Shivram Meshram,
Aged about 45 years, r/o Dhorpa PO Pohni,
Tah. Nagbhid, Member, Board of
Administrators, APMC, Nagbhid,
Dist. Chandrapur.
14. Shri Baburao Gomaji Sayyam,
Aged about 50 years, r/o POKahalgaon,
Tah. Nagbhid, Member, Board of
Administrators, APMC, Nagbhid,
Dist. Chandrapur.
15. Shri Santosh Govindrao Sunole,
Aged about 40 years, r/o PO Kosambi,
Tah. Nagbhid, Member, Board of
Administrators, APMC, Nagbhid,
Dist. Chandrapur.
16. Shri Ramesh Sadashiv Kale,
Aged about 42 years, r/o PO and,
Tah. Nagbhid, Member, Board of
Administrators, APMC, Nagbhid,
Dist. Chandrapur. ... ... Respondents.
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Mr. G.G. Mishra,counsel for petitioners.
Mr. Pathan, A.G.P. for respondent nos. 1, 3 & 5.
Mr. R.J. Kankale, counsel for respondent no.4.
Mr. Anand Parchure, counsel for respondent nos. 6 to 16.
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CORAM : B.R. GAVAI AND P.N. DESHMUKH
, JJ.
DATED : 24
FEBRUARY, 2016
th
JUDGMENT ( Per B.R. Gavai, J.)
1. Heard.
2. Rule. Rule made returnable forthwith. By consent of the parties,
the petition is taken up for hearing finally.
3. The petitioners have approached this court being aggrieved by the
order dated 28.8.2014 passed by respondent no. 3 thereby appointing the
Board of Administrators consisting of respondent nos. 6 to 16. It is the
contention of the petitioners that the said Board of Administrators has been
appointed at the behest of the local Member of Legislative Assembly.
4. We do not find any necessity to go into the rival contentions
inasmuch as the term of the present committee has expired in the year 2013
itself. We further find that in the interest of the election being held in
impartial manner it will be appropriate that the Assistant Registrar,
Cooperative Societies, Nagbhid who was earlier appointed as an
Administrator prior to passing the impugned order, should act as an
Administrator till the elections of the respondent no. 4 are held.
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5. In that view of the matter, the elections to the the respondent no.
4 are directed to be held within a period of three months from today. The
impugned order is quashed and set aside. It is directed that after completion
of the election and till formation of new body the Assistant Registrar Co-
operative Societies, Nagbhid, shall continue as an Administrator.
8. Petition is allowed. Rule is made absolute in the aforesaid terms
with no order as to costs.
JUDGE JUDGE
Hirekhan
