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1997 Supreme(Bom) 316

V.S.SIRPURKAR, B.H.MARLAPALLE
Tukaram Narayanrao Khandebharad & another – Appellant
Versus
State of Maharashtra & others – Respondent


JUDGMENT - SIRPURKAR V.S., J.:---Rule, heard forthwith, with the consent of the parties.

Petitioner No. 1, who is the Chairman of the erstwhile Agricultural Produce Market Committee, Deulgaon Raja (hereinafter called 'the Market Committee' for the sake of brevity), and petitioner No. 2, who is a member of the Managing Committee of the said Market Committee, have filed this petition, praying for a writ to quash an order dated 24-12-1996 passed by the respondent No. 2-District Deputy Registrar, Co-operative Societies, Buldhana (herienafter called 'the DDR' for the sake of brevity), superseding the Market Committee under section 45(1) of the Maharashtra Agricultural Produce Marketing (Regulation) Act, 1963 (hereinafter called 'the Act' for the sake of brevity).

2. The Market Committee had assumed the charge on 19-6-1993 in pursuance of the elections held on 10-5-1993. The said elected Committee has ordinarily the life of five years, under section 14(3) of the Act. A notice came to be given to the said Committee as required by section 45(1) of the Act. It was alleged in the said notice by the DDR that since there were complaints received by his office regarding the irregularities in the































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