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2024 Supreme(Bom) 163

NITIN W. SAMBRE, ABHAY J. MANTRI
Sadashiv S/o Shivaji Dhenge – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Harish Dangre.
For the Respondents: N.R. Patil, S.S. Ghate, J.B. Kasat, S.S. Paliwal.

JUDGMENT :

ABHAY J. MANTRI, J.

1. The petitioner has raised the grievance that holding of election to elect the members of respondent No. 6-Agricultural Produce Market Committee, Tumsar (for short “APMC”) before completion of the election process of 58 Gram-Panchayats from Mohadi Tahsil without inclusion of the names of members/Sarpanch from these 58 Gram-Panchayats in the voters’ list, is illegal and bad in law.

2. Succinctly, the factual matrix of the case is as under:

    (i) The petitioner was elected as Sarpanch of Gram-Panchayat, Hardoli, Tahsil-Mohadi, District-Bhandara in the elections held in 2017. The said Gram-Panchayat falls within the territorial jurisdiction of respondent No. 6-APMC, Tumsar. Respondent Nos. 1 and 2 are the State of Maharashtra being represented through the Secretaries of the concerned Department. Respondent Nos. 1, 3 and 5 are the authorities concerned to hold the elections of respondent No. 6-APMC, whereas respondent Nos. 2 and 4 are the authorities concerned to hold the elections of Gram-Panchayat situated in Tahsil-Mohadi within the territorial limits of APMC, Tumsar. Respondent No. 6 is the Market Committee constituted under the Maharashtra Agricultural P

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