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2021 Supreme(Bom) 1711

UJJAL BHUYAN, MADHAV J.JAMDAR
Punjabrao Appasaheb Pol – Appellant
Versus
Assistant Registrar, Co-Operative Societies And The Returning Officer, Man Taluka Agricultural Produce Market Committee – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Vivek Vijay Salunke
For the Respondent: Vijay Patil, Vishwajeet V. Mohite, Dipak Y. Jadhav, Siddharth R. Karpe, Ms. Neha Bhide

JUDGMENT :

UJJAL BHUYAN, J.

Heard Mr. Vivek Salunke, learned counsel for the petitioner; Ms. Neha Bhide, learned ‘B’ Panel counsel for respondent Nos. 1, 3 and 4; and Mr. Vijay Patil, learned counsel for respondent No. 2

2. Initially this petition under Article 226 of the Constitution of India was filed by the petitioner seeking a direction to respondent No. 1 to accept his nomination for election as a committee member of the Man Taluka Agricultural Produce Market Committee, Dahiwadi, Taluka Man, District Satara (briefly “the APMC” hereinafter) for the term 2021-2022 to 2026-2027; to set aside and quash the order dated 13-1-2021 passed by respondent No. 1 as the returning officer as well as the order dated 22-7-2021 passed by respondent No. 3 as the appellate authority.

3. To elaborate on the above, we may briefly highlight the facts relevant for adjudication.

4. The APMC in question is registered under the provisions of Maharashtra Agricultural Produce Market (Development and Regulation) Act, 1963 (briefly “the 1963 Act” hereinafter).

5. In exercise of the powers conferred under the 1963 Act, Maharashtra Agricultural Produce Market Committee (Election to Committee) Rules, 2017 (briefly

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