Bombay High Court
Subhash S/O Wamanrao Patil vs State Of Maha. Thr. Secretary, ... on 24 November, 2021
Bench: S.B. Shukre, Anil Laxman Pansare
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 4731 OF 2021
Subhash Wamanrao Patil and others
-Vs.-
State of Maharashtra and others
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Office notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's Orders.
or directions and Registrar's orders.
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Mr.A.M.Ghare, counsel for the petitioner.
Mr.S.M.Uke, Addl.G.P.for respondent Nos.1, 3 and 4.
CORAM : SUNIL B. SHUKRE &
ANIL L. PANSARE, JJ.
DATE : 24.11.2021
CIVIL APPLN. (W) NO. 1860 OF 2021
Heard.
2. For the reasons stated in the application, the
application is allowed and disposed of.
3. The amendment be carried out forthwith.
WRIT PETN. NO. 4731 OF 2021
Heard learned counsel for the petitioners.
2. It is submitted that following the declaration of
law by this Court in the case of Mr. Suresh Maroti
Gorale and others v. State of Maharashtra and others,
Writ Petition No.2802 of 2021, decided on 2nd
September, 2021, the State Cooperative Election
Authority was obliged to proceed with the election
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programme of the Agricultural Produce Market
Committees (hereinafter referred to as "APMC" for the
sake of brevity), which has been already declared and
complete the process of election without any hesitation
or demur but it failed to do so.
3. The next contention is that the State
Cooperative Election Authority (respondent No.2) was
under a duty to bring to the notice of the Coordinate
Bench of this Court at Aurangabad, when it decided a
bunch of petitions, Writ Petition No.11669 of 2021 and
others, directing the Authority to first conduct the
elections of the primary agricultural societies and
thereafter all APMCs, its own order dated 24 th August,
2021 passed in the matter of APMC Katol, wherein
similar request made for first holding elections of the
cooperative societies and then all the APMCs was
rejected which was confirmed vide judgment of this
Court in Writ Petition No.2802 of 2021, dated 2nd
September, 2021 but, it failed to perform its duty,
thereby raising a question mark over its independence.
4. The further contention is that equally it was the
duty of the State Government to bring to the notice of
the Coordinate Division Bench at Aurangabad about the
said judgment of this Court, which was delivered in a
similar matter, prior to the judgment of the Coordinate
Division Bench of this Court at Aurangabad on 18 th
November, 2021, but the State Government did not do
so.
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5. The further contention is that when this Court in
Writ Petition No.2802 of 2021 had made it clear that
once the election programme is declared and election
process is initiated, there can be no interference
whatsoever with the election process and that it must be
carried forward and taken to its logical end, in view of
the law declared by the Hon'ble Supreme Court in the
case of N.P.Ponnuswami v. Returning Officer, Namakal,
reported in AIR (39) 1952 SC 64, but the State
Government took a contrary stand and even conceded
that the elections already declared could be cancelled.
6. The further contention is that the Election
Authority in its order dated 24th August 2021 (supra)
had already found that no prejudice would be caused to
the cooperative societies, the term of whose managing
committees had expired in view of the amendment
introduced to the Maharashtra Cooperative Societies
Act whereby, a new proviso to section 73-AAA was
inserted, which was brought into force with effect from
12th October, 2020 but it did not point out when it
argued in similar matter at Aurangabad.
7. It is further contended that the proviso inserted
to section 73-AAA of the Maharashtra Cooperative
Societies Act with effect from 12th October, 2020 allows
continuation of the existing members of the committee,
the elections of which could not be held for any reason
not attributed to the members of the committee, till
new committee is duly constituted and such
continuance has been afforded by a deeming fiction and
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that being so, there is no compulsion nor any
requirement of law to first hold elections of cooperative
societies and then of APMCs.
8. It is also submitted that such effect of newly
inserted proviso to section 73-AAA of the Maharashtra
Cooperative Societies Act had persuaded the State
Cooperative Election Authority to reject the request of
some members of cooperative societies falling within
the jurisdiction of APMC Katol to first hold elections of
the cooperative societies and then hold the elections of
the APMC Katol but strangely enough the Election
Authority did not bring it to the notice of the
Coordinate Division Bench of this Court at Aurangabad
the provisions so made by way of new proviso added to
section 73-AAA of the Maharashtra Cooperative
Societies Act.
9. Issue notice for final disposal at admission stage
to the respondents, returnable on 2nd December, 2021.
10. Learned Additional Government Pleader
Mr.S.M. Uke waives notice on behalf of respondent
Nos.1, 3 and 4.
11. Meanwhile, having considered the effect of the
judgment of this Court rendered on 2nd September,
2021 in Writ Petition No.2802 of 2021, we direct that
there shall be stay to the effect and operation of the
order dated 22nd November, 2021 passed by respondent
No.2 to the extent it applies to respondent No.5 i.e.
APMC Malkapur till next date. We further direct that
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respondent Nos.2 and 3 shall proceed with the election
process, in accordance with law, till next date.
12. Authenticated copy of this order be furnished to
the learned Additional Government Pleader.
(ANIL L. PANSARE, J) (SUNIL B. SHUKRE, J)
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