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1984 Supreme(Bom) 153

A.A.GINWALA, V.A.MOHTA
Gayaprasad Shivramprasad Tiwari and another – Appellant
Versus
State Of Maharashtra and others – Respondent


JUDGMENT - Mohta J. - 1. A point of some importance is involved in this petition under Article 226 of the Constitution. It is whether the Collector has jurisdiction to stay the calendar of events for election to “Market Committee” notified under Rule 43 of the Maharashtra Agricultural Produce Marketing (Regulation) Rules, 1967 (“the Rules'. for short). Subsidiary question is whether in the facts and circumstances of the case the power has been properly exercised.

2. Two petitioners - Gayaprasad Tiwari and Nandkumar Yende are respectively trader and agriculturist residing at Pulgaon Tahsil and District Wardha. As elections to the Market Committee were due and on 21st February, 1984, the Sub-Divisional Officer in exercise of the powers conferred on him under Rule 42(2) of the Rules, fixed the programme for election according to which last date, for filing nomination papers was 7th March, 1984 the date for scrutiny of nomination papers was 8th March, 1984, date for withdrawal of nomination papers was 19th March 1984, date for poll was 6th April, 1984, and the date for counting was 7th April, 1984. The petitioner no. 1 was the only candiadate for traders' constituency under section 13



















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