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2018 Supreme(Bom) 80

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT NAGPUR
B.P. DHARMADHIKARI, SWAPNA JOSHI, JJ.
Hemraj Marotrao Shingne & Others – Petitioners
Versus
Principal Secretary, Department of Co-operation, Marketing & Textile & Others – Respondents
Writ Petition Nos. 4488 of 2017, 3894 of 2017, 1806 of 2017, 6003 of 2017, 6004 of 2017 & Contempt Petition No. 85 of 2017
Decided On : 16-01-2018

Advocates Appeared:
For the Petitioner:Dr. R.S. Sundaram, U.R. Tanna, A.P. Raghute, A.M. Ghare, Advocates.
For the Respondent:M.G. Bhangde, Sr. Advocate with S.M. Ukey, Additional GP, S.S. Ghate, A.A. Naik, U.D. Dastane, Sachin Sambre, Advocates.

JUDGMENT :

B.P. Dharmadhikari, J.

1. All these petitions relate to elections of Agricultural Produce Market Committee (APMC), Nagpur. As the facts are little vexed, we find it appropriate to very briefly state the controversy before embarking upon facts in each petition. It needs to be added here that all these petitions are heard & being decided together as jointly requested.

2. The tenure of elected Board of Directors of APMC, Nagpur, was to expire on 09.03.2017. The office of the Collector, Nagpur, therefore, proceeded to prepare voters list for holding next general election and 31.08.2016 was determined as cut off date for examining eligibility of voters. The provisional voters list was prepared on 01.12.2016 and by 26.12.2016, objections were invited. 09.01.2017 was the date scheduled for hearing of objections to the voters list and final voters list was to be published on 13.01.2017.

3. On 10.01.2017, State Government issued an order mentioning Section 14(3) and 14(3)(A) of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963 (Agricultural Produce Market Committee Act, hereafter) extending its term till 07.09.2017 and postponing the elections. This order dated 10.01.2017 was challenged in Writ Petition No. 585 of 2017 by the Members constituting Board of Directors. On 09.03.2017, this Court quashed and set aside that order. Then the petitioners in Writ Petition No. 1806 of 2017 filed MCA No. 287 of 2017 seeking its review and objected to setting aside of extension granted till 07.09.2017 to elected Board of Directors. On 22.03.2017, when this review was pending, State Government passed an order under Section 15A of APMC Act and appointed the Collector, Nagpur, as Administrator over the APMC. Questioning this appointment, Writ Petition No. 1806 of 2017 came to be filed and on 24.03.2017, the implementation of said order dated 22.03.2017 was stayed. However, this interim order was passed in MCA No. 287 of 2017. On 31.7.2017, this interim order is accepted & continued as interim order in Writ Petition No. 1806 of 2017 itself. With the result, elected body continued in office.

4. On 21.07.2017, the judgment dated 09.03.2017 was reviewed and the direction in the order of the State Government dated 10.01.2017 continuing elected body or extending its tenure stood restored.

5. In judgment dated 09.03.2017 in Writ Petition No. 585 of 2017, the Collector was asked to proceed further as per law in the matter of holding of elections of APMC. On 20.05.2017, the Collector published fresh Election Programme for drawing provisional voters list. This also was assailed in Writ Petition No. 1806 of 2017. As per that programme, the Collector was to publish final voters list on 24.07.2017.

6. On 13.06.2017, the Hon'ble Governor for the State of Maharashtra published an Ordinance no. XI of 2017 amending provisions of APMC Act and giving individual farmers, holding prescribed eligibility qualifications, a right to vote in the election of APMC. The Collector thereafter published final voters list in pursuance of earlier Election Programme dated 20.05.2017. As per this Election Programme, the individual farmers were not included in voters list and, therefore, were not entitled to vote. Writ Petition Nos. 3894 of 2017 and 4488 of 2017 have been, therefore, filed by such farmers claiming that elections must be held as per mandate of Ordinance no. XI of 2017 after drawing proper voters list in which they are included as voters.

7. The Legislative Assembly and Legislative Council for the State assembled on 24.07.2017 and said Ordinance was tabled in Lower House. During Session, the Ordinance was cleared only by the Legislative Assembly on 8.8.2017 and was transmitted to the Legislative Council. Before later could apply mind, the Session was over on 11.08.2017. As per Art. 213(2)(a) of the Constitution of India, its life was to expire on 3rd September, 2017. Maharashtra ordinance no. XVII of 2017 containing identical provisio

















































































































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