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2019 Supreme(Bom) 943

S.V.GANGAPURWALA, ARUN M.DHAVALE
Belhekarwadi Vividh Karyakari Seva Sahkari Society Ltd – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
R.N. Dhorde, Adv., V.R. Dhorde, Adv., V.J. Dixit, Adv., P.S. Pawar, Adv., R.S. Deshmukh, Adv., Y.R. Dayama, Adv., S.S. Thombre, Adv., Pradeep Deshmukh, Adv., Y.P. Deshmukh, Adv., S.N. Suryawanshi, Adv., N.B. Suryawanshi, Adv.

JUDGMENT :

S.V. Gangapurwala, J.

Rule. Rule made returnable forthwith. With the consent of parties taken up for final hearing.

2. The petitioners are assailing the validity of Section 13(1C) of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963 (hereinafter referred to as the "Act of 1963) introduced by Amendment Act No. XXXV of 2016 on 17.10.2016 with effect from 16.06.2016. The petitioners initially challenged the ordinance dated 16.06.2015 for amendment to Sec. 13 in the Act of 1963 and subsequent ordinances continuing the same dated 21.08.2015 and 16.01.2016. The said ordinance has converted into Act.

3. Mr. Dhorde, the learned senior advocate for petitioners in Writ Petition No. 12084 of 2015, Writ Petition No. 2443 of 2016 and 3615 of 2018 has strenuously made following submissions.

A. By virtue of the amendment, Sub Section (1C) has been inserted in Section 13 of the Act of 1963, by which the State Government may appoint special invitees on every market committee, who shall be expert in the field of agriculture, agricultural processing, agri

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