Bombay High Court
Ahmadbhai Karimbhai Sheikh vs State Of Maharashtra Thr. ... on 22 September, 2021
Bench: A.S. Chandurkar, Pushpa V. Ganediwala
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO. 2594 OF 2021
AHMADBHAI KARIMBHAI SHEIKH
VERSUS
STATE OF MAHARASHTRA AND ANOTHER
WITH
WRIT PETITION NO. 4096 OF 2018
AHMEDBHAI S/O KARIMBHAI SHEIKH
VERSUS
THE COLLECTOR, NAGPUR AND OTHERS
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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Shri A. M. Ghare, Advocate for petitioner.
Mrs. S. S. Jachak, AGP for respondent-State.
CORAM : A.S. CHANDURKAR AND
PUSHPA V. GANEDIWALA, JJ.
DATE : 22/09/2021.
1. Both the writ petitions can be conveniently decided
by this common order.
2. Heard Shri A.M. Ghare, learned counsel for the
petitioner and Mrs. S. S. Jachak, learned AGP for the
respondent-State.
3. The petitioner in both the writ petitions was a
Director of Agriculture Produce Market Committee, Nagpur
during the period from 2012 to 2017. The tenure of the Board
of Directors expired on 09/03/2017. Prior thereto on
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10/01/2017, in exercise of powers under Section 14 (3) and
14(3)(A) of the Maharashtra Agricultural Produce Marketing
(Development and Regulation) Act, 1963 (for short, "the said
Act"), an order extending the term of the Executive Committee
of the Market Committee was granted by the Collector. This
order dated 10/01/2017 was however, set aside by this Court in
Writ Petition No.585/2017 and it was directed that the
authorities should proceed further to conduct elections in
accordance with the law. Thereafter, on 22/03/2017, the
District Deputy Registrar, Nagpur in exercise of powers under
Section 15A of the said Act appointed an Administrator to
manage the affairs of the Market Committee. However, in view
of interim orders passed in Writ Petition No.1806/2017 that
order was stayed and the elected body continued in office.
Various writ petitions were filed in this Court pursuant to the
aforesaid development and also for challenging Ordinance
No.XVII of 2017. These writ petitions including Writ Petition
No.6003/2017 filed by the present petitioner came to be
decided on 16/01/2018. The appointment of the Administrator
was upheld and at the same time, the Collector was directed to
conduct elections of the Market Committee by preparing a fresh
voters' list by treating the cut off date as 31/08/2017. A review
application seeking review of the aforesaid judgment came to be
subsequently dismissed. It is not in dispute that by virtue of
various orders passed, the time to conduct the elections of the
Board of Directors of the Market Committee was extended from
time to time. In the aforesaid backdrop, in Writ Petition
No.4096/2018 the petitioner has prayed for a direction to the
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respondents to conduct the elections to the Market Committee
within the time stipulated by this Court and in the alternate, it is
prayed that the appointment and subsequent continuation of
the Administrator to manage the affairs of the Market
Committee beyond the period prescribed by Section 15A of the
said Act be declared illegal. The petitioner had on 07/01/2020
made a representation before the State Government seeking
restoration of the elected members of the Executive Committee
in the light of the provisions of Section 14(3) of the said Act.
This request was refused by the State Government on
17/09/2020 and thereafter the petitioner filed another
application seeking review of that decision. On 08/07/2021,
this request was also negatived by the State Government and
this communication dated 08/07/2021 is the subject matter of
challenge in Writ Petition No.2594/2021. It has also been
prayed that the elected members of the Executive Committee
being granted extension for a period of six months as prescribed
by Section 14(3) of the said Act and they be permitted to
function as members of the Executive Committee.
4. The learned counsel for the petitioner submits that in
the light of the provisions of Section 15A(1)(b) and proviso
thereto, it was not permissible for the State Government to
continue the functioning of the Administrator on the Market
Committee for a period exceeding one year in aggregate. Since
the period of more than one year had elapsed from the
appointment of the Administrator, his continuation thereafter
was illegal. As it was now not permissible for the Administrator
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to continue in office, the elected members were entitled to be
restored in office by virtue of the provisions of Section 14(3) of
the said Act. It was urged that since the earlier extension
granted to the elected body was for a period of six months, it
was permissible for the elected body to be restored in office for
a further period of six months so that the aggregate period
would not exceed one year as provided. The rejection of this
request made to the State Government by the orders dated
17/09/2020 and 08/07/2021 was without any justifiable reason
and thus, liable to be set aside. In that regard, learned counsel
for the petitioner has sought to rely upon the following
decisions :-
i] 2004 (3) Mh.L.J. 668
(Shivamrut Dudh Utpadak Sahakari Sangh Maryadit and
others Vrs. State of Maharashtra and others).
ii] 2010 (4) Mh.L.J. 360
(Babasaheb s/o Apparao Akat and others Vrs. State of
Maharashtra and others).
iii] 2021 (2) BCR 797
(Radhakisan Deorao Pathade and others Vrs. State of
Maharashtra and others).
It was thus submitted that the prayers made deserve
to be granted.
5. The learned Assistant Government Pleader for the
concerned respondents opposed the aforesaid submissions. She
relied upon the reply filed in Writ Petition No.2594/2021 and
further submitted that the District Deputy Registrar had
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declared election programme for conducting the elections to the
Market Committee. After publication of the final voters' list, the
District Election Officer was to notify the election programme
within a period of 10 days. She referred to the communication
dated 14/09/2021 issued by the State Co-operative Election
Authority, Pune in which it was stated that the election
programme was to commence from 20/09/2021 by filing of
nominations. She further submitted that the prayer for
restoration of the elected body was considered by this Court
earlier and that prayer came to be refused. Hence, it was
submitted that no relief could be granted to the petitioner.
6. On hearing the learned counsel for the parties, we
find that the prayer to restore the elected body of the Market
Committee was made by the petitioner in M.C.A. (Review)
No.1102/2019 and this prayer was refused by the Division
Bench on 10/08/2020. It is further found that on 14/09/2021,
the State Co-operative Election Authority, Pune through its
Secretary has approved the election programme for conducting
the elections at the Agricultural Produce Market Committee,
Nagpur. As per that programme, the nomination forms were to
be filled in from 20/09/2021 and on completion of entire
process, the voting is scheduled on 23/10/2021. The results are
likely to be declared on 24/10/2021. In the aforesaid backdrop,
it is found that the prayer as made in Writ Petition
No.4096/2018 seeking a declaration to conduct the elections of
the Market Committee stands satisfied in the view of the
communication dated 14/09/2021.
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7. As regards the prayer for restoration of the elected
body under Section 14(3) of the said Act is concerned we find
that by the order passed in M.C.A. (Review) No.1102/2019
dated 10/08/2020 a similar prayer made by the same petitioner
to restore the elected body of the Market Committee till fresh
elections are held has been rejected. In the light of the fact that
the election programme for holding fresh elections to the
Market Committee has now been declared, we do not find it
appropriate in these facts to consider the correctness of the
orders dated 17/09/2020 and 08/07/2021 by which the State
Government has refused to accept the prayer of the petitioner to
restore the elected body. In the light of the events referred to
hereinabove, we pass the following order :-
ORDER
I] Accepting the statement made on behalf of the
respondent No.2 in Writ Petition No.2594/2021 that the
Secretary, State Co-operative Election Authority, Pune has on
14/09/2021 sought to declare the election programme for
conducting the elections of Agricultural Produce Market
Committee, Nagpur it is expected that the Authorities would
abide by the same and conduct the elections in accordance with
the programme declared therein.
II] For the reasons stated in Paragraph No.7, we have
not considered the prayers made in Writ Petition No.2594/2021
and the petitioner is free to make the said prayer if the elections
are not held as per the programme as declared.
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III] Both the writ petitions are disposed of. No order as
to costs.
JUDGE JUDGE
Choulwar
