Bunty Ramteke vs Divisional Joint Registrar, ...
2021 Latest Caselaw 13365 Bom

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                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         NAGPUR BENCH AT NAGPUR

                                                       WRIT PETITION NO. 3546/2021

  Bunty Ramteke ...Versus... Divisional Joint Registrar, Co.Op. Socieites and ors
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Office Notes, Office Memoranda of Coram,                                                                             Court's or Judge's orders
appearances, Court's orders or directions
and Registrar's orders
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                                            Shri Z.Z.Haq, Advocate for petitioner.
                                            Miss T. Khan, AGP for Respondent Nos. 1 and 2

                                                                                        CORAM : AVINASH G. GHAROTE, J.

DATE : 17/09/2021

Heard Mr. Haq learned counsel for the petitioner who submits that the position in the instant matter is squarely covered by the judgment of the Full Bench in W.P.No. 4030/2018, decided on 24.02.2021, wherein it has been held that a member of the APMC who is elected by members of the Managing Committee of the Agricultural Credit Society and Multipurpose Co Operative Society or members of the Village Panchayats functioning in the market areas, ceases to be a member of the APMC or ceases to be a member of the Managing Committee of the society or Village Panchayat, in view of the proviso to sub-section (1) of Section 15 of the APMC Act, 1963. He submits that respondent no.4, who being a member of the Waigaon Sahakari Sanstha, which is a primary Agricultural Credit Cooperative Society, was elected as the member of the

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Amravati APMC. The respondent no. 4, however, had resigned from the membership of the Waigaon Sahakari Santha, on 12.06.2021, which came to be accepted by the Managing Committee of the said Society on 30.06.2021 and therefore, due to his such resignation, his membership of the Amravati APMC automatically ceased.

2] The petitioner had lodged a complaint with Respondent No.2, whereupon the Respondent No.2 by his order, dated 18.08.2021, directed removal of Respondent No.4 from the post of Director of Amravati APMC. This order has been challenged by Respondent No.4 in Revision before the Divisional Joint Registrar/Respondent No.1, who by the impugned order, dated 09.09.2021, has granted stay to the order dated 18.08.2021, being aggrieved by which the present petition has been filed.

3] The position in this regard appears to be squarely covered by the Full Bench Decision of this Court as referred to above. That apart, the impugned order does not indicate any reason whatsoever for staying the order, dated 18.08.2021, as passed by Respondent No.2, in view of which issue notice to the respondents, returnable in one week.

4] Learned AGP waives for Respondent Nos.1 & 2.

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5] In view of the fact that the position is covered by the decision of the Hon'ble Full Bench, there shall be an interim stay to the order dated 09.09.2021.

JUDGE Rvjalit