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2016 Supreme(Bom) 44

S.V.GANGAPURWALA, A.M.BADAR
Chandrashekhar – Appellant
Versus
State of Maharashtra, Through the Secretary, Co-operation, Textile & Marketing Department – Respondent


Advocates:
Advocate Appeared:
Mr. N.B. Khandare, Advocate, holding for Mr. M.P. Tripathi, Advocate, for the petitioner.
Mr. S.N. Morampalle, Asst. Government Pleader, for respondent nos.1 to 4.
Mr. N.P. Patil Jamalpurkar, Advocate, for respondent no.5.
Mr. S.R. Chaukidar, Advocate, for respondent no.6.

JUDGMENT :

S.V. Gangapurwala, J.

1. Both the Writ Petitions are based on similar set of facts and involve common question of law. As such, to avoid rigmarole, the same are decided together.

2. The elections of respondent no.5 - Agriculture Produce Market Committee were declared and election programme was published. The same was to commence from 25-8-2015. Polling was scheduled on 25-10-2015. Counting of votes was to take place on 26-10-2015. On 18-10-2015, after nomination papers were filled in, one of the contesting candidates expired. In view of Rule 55 of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Rules, 1967 [For short, hereinafter referred to as “Rules of 1967”], the order countermanding the elections was passed. As such, the poll scheduled on 25-10-2015 could not take place.

3. Fresh elections are declared polling of which is to be held on 31-1-2016. The programme states that the nomination papers would be filed from 3-12-2015 to 17-12-2015 and different states of elections are contemplated. The counting of votes is to be held on 1st February 2016.

4. Mr. Khandare, the learned Counsel appearing for the petitioner in W.P. No. 11860/2015, during the




























































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