F.I. REBELLO, J.

Rule. Heard forthwith.

2. The petitioner has described himself as a voter of the Agricultural Produce Market Committee, Jawla Bazar and as a citizen of India. Respondent Nos. 4 to 10 are the members of the Board of Administrators appointed under Section 15A (1)(b) read with Section 15A (1A). Respondent Nos. 4, 5 and 6 were earlier members of the Managing Committee, respondent No.4 being the Chairman, respondent No.6 being the Vice-Chairman and respondent No. 5 being the member of the Committee. According to the admitted facts, the term of the elected committee was up to 31-12-2006. According to the petitioner, respondent - State had given three months extension to the members of the Managing Committee of the Agricultural Produce Market Committee (APMC). This period of three months was to expire on 31-03-2007. By order dated 23-03-2007 under Section 14(3) of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963, (hereafter referred to as "Act"), the term of the committee was extended from 01-04-2007 to 30-09-2007. By way of further order dated 14th November 2007, further extension was granted from 01-10-2007 to 31-03-2008.

3. Respondent No. 3 by an order dated 17-06-2008 appointed an Administrative Committee, wherein the former Chairman, Vice-Chairman, one more member of the erstwhile Committee, as also respondent Nos. 7 to 10 have been approved as an Administrative Committee for further period of six months or taking over charge by the newly elected committee.

It may be mentioned that on 16-05-2008 a preliminary voters list was published directing that if anybody has objection, it can be taken on or before 13-06-2008. According to the petitioner, till date the final voters list has not been prepared and declared. On 16-07-2008 apart from the A.P.M.C. Jawla Bazar, the election programme of other A.P.M.Cs. in Hingoli District has been declared for the year 2008 and date of election was scheduled, on 16-07-2008.

4. By the present petition, the petitioners seek to challenge the order dated 17-06-2008 thereby praying to quash the same, with a further direction to direct holding the election of the Agricultural Produce Market Committee, Jawla Bazar.

5. Reply has been filed by Sunilkumar Ramsingh Pardeshi, Assistant Registrar, Co-operative Societies, on behalf of respondent No. 3. In the reply, it is set out that the term of the Managing Committee was till 31-12-2006. As the elections to the A.P.M.C. were to be held, they had to deposit the election funds in terms of Section 14A of the Act in the office of the District Deputy Registrar, Co-operative Societies, Hingoli. However, the committee did not deposit the election funds. Respondent No. 3 had issued a letter to A.P.M.C. on 02-05-2008 and informed that the amount of Rs. One lakh should be deposited to hold the elections. It was also informed that in the event that the amount for the election funds is not deposited, the Managing Committee would be held responsible for further action. Inspite of the letter issued by respondent No. 3, the A.P.M.C. did not deposit any amount for conducting the election. The Assistant Registrar, Co-operative Societies, therefore, issued a letter dated 08-05-2008 and informed that the amount of Rs. One lakh be deposited immediately to hold the election otherwise, the Managing Committee would be responsible for the same. This was also not complied with. This deponent admits that the election programme of the A.P.M.C. was published on 10-06-2008. However, respondent No. 3 never declared any election programme of the A.P.M.C. Jawla Bazar, as the election funds were not deposited by the Committee in spite of communication issued by respondent No. 3 herein. Further averments are that the Director of Marketing, M.S. Pune has given approval to appoint Administrative Committee of A.P.M.C. Reliance is made to the Government Letter dated 22-05-2008 whereby the Government has approved the names of the member