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2006 Supreme(Bom) 201

NISHITA MHATRE, V.G.PALSHIKAR
TANAJIRAO RANGRAO PATIL – Appellant
Versus
KOLHAPUR AGRICULTURAL PRODUCE MARKET COMMITTEE, KOLHAPUR – Respondent


ORAL JUDGMENT

V. G. PALSHIKAR, ACTG. C. J. : - By these two petitions the petitioners have challenged the constitutional validity of the Maharashtra Act of 2003 amending the provisions of the Maharashtra Agricultural Produce Marketing (Regulation) Act, 1963 in some aspects. Since the contentions raised are identical and submissions are also made together we will dispose of both these petitions by this common order.

2. The petitioners in Writ Petition No. 3664 of 2003 were elected fro. certain specified categories mentioned in section 13 of the Kolhapur Agricultural Market Committee and their elections were prior to the amendment to that section by the enactment which is impugned in this petition. Similar is the case of the petitioner in Writ Petition No. 7629 of 2003. The petitioners have lost their right to vote as members of the Committee though they are duly elected and that according to them is violation of their statutory right, done arbitrarily and therefore liable to be set aside. The facts are not in dispute.

3. It would be necessary in order squarely deal with the contentions raised on behalf of the petitioners regarding validity and the enactment of Maharashtra Act XI























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