2025:BHC-NAG:8861-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 5903/2024 (1) Shri Dinesh Champat Rathod, Aged 36 years, Occ. Agriculturist, R/o. Jagdamba Mandir, Javal Balaji Park, Shrirampur, Soot Girni, Tal.Pusad, District Yavatmal.

(2) Shri Yashwantrao Shankarrao Chaudhari, Aged about 64 years, Occ. Agriculturist, R/o. Near Udasi Maharaj Temple, Ward No. 14, Tal.

Pusad, District Yavatmal.

(3) Shri Manohar Vasram Rathod, Aged about 50 years, Occ. Agriculturist, R/o. Jagdamba Mandir Javal, Shampur, District Yavatmal.

(4) Shri Amol Madhavrao Fuke, Aged about 40 years, Occ. Agriculturist, R/o. Mou. Wanarwala, Tal. Pusad, District Yavatmal.

(5) Shri Mersingh Ramu Rathod, Aged about 70 years, Occ. Agriculturist, R/o. 87, Hanuman Temple, Ward No.3, Ashwinipur, Yavatmal, Maharashtra.

(6) Sau. Chaya Prashant Deshmukh, Aged about 52 years, Occ. Agriculturist, R/o. Vivekanand Colony, Shrirampur, Soot Girni, Yavatmal.

(7) Shri Santosh Shambhaji Karhale, Aged about 54 years, Occ. Trader, R/o. Kopra Khurdh, Bhojala, Yavatmal.

(8) Shri Vijay Radhakisan Bhangade, Aged about 64 years, Occ. Trader, R/o. Main Road, Bhangade Hospital, Balaji Ward, Tal. Pusad, District Yavatmal.

(9) Shri Ratirao Vithalrao Raut, Aged about 66 years, Occ. Agriculturist, R/o. Ward No. 1, Aregaon, District Yavatmal.

....PETITIONERS // VERSUS //

(1) The State of Maharashtra, Through its Secretary for Co- operation, Marketing and Textile Department, Mantralaya, Mumbai.

(2) The Director of Marketing, Maharashtra State Pune, 3^rd Floor, New Secondary Building, Pune –

411001.

(3) The Deputy District Registrar of Co-operative Societies, District Yavatmal.

(4) The Agricultural Produce & Market Committee, Pusad, Through its Secretary, District Yavatmal.

(5) Shri Sheikh Kausar Sheikh Akhtar, Chairman of the Agricultural Produce and Market Committee, Pusad, R/o. Ward No. 1, Jamb Bazar, District Yavatmal.

(6) Avinash Motiram Pawar, Aged Major, R/o. Aregaon (Khurd), Tah. Pusad, District Yavatmal.

(7) Ashish Ramesh Bajaj, Aged Major, R/o. Indraprast Nagar, Tq. Pusad, District Yavatmal.

....RESPONDENTS -------------------------------------------------------------------------------------------

SShhrrii AA..BB.. PPaattiill,, AAddvvooccaattee ffoorr tthhee PPeettiittiioonneerrss..

Shri S.B. Bissa, AGP for the Respondent/State.

Shri F.T. Mirza, Sr. Adv a/b Ms. Isha Thakare, Adv for the Respondent No. 4.

Shri S. Paliwal, Advocate for the Respondent Nos. 5 to 7.

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CORAM : M.S. JAWALKAR AND PRAVIN S. PATIL, JJ.

CCLLOOSSEEDD FFOORR JJUUDDGGMMEENNTT OONN ::-- A AUUGGUUSSTT 1122 , , 22002255 JUDGMENT PRONOUNCED ON :- SEPTEMBER 09, 2025 JUDGMENT :- (PER:- M.S. JAWALKAR, J.)

Rule. Rule is made returnable forthwith. Heard finally by consent of learned Counsel for the respective parties.

(2) By the present Writ Petition, the present Petitioners have challenged the action of the Respondents of not accepting the resignations of the Petitioner Nos. 1 to 6 and 8 but only adopted selective approach of accepting resignations of the Petitioner Nos. 7 and 9. The Petitioners have also challenging the major policy decisions taken by the Respondents subsequent to submission of their resignations including that of co-opting two new Members in place of the Petitioner Nos. 7 and 9 and giving the spaces of APMC on rent etc.

(3) The facts giving rise for filing of the present Writ Petition are as under:-

(4) In the month of April, 2023, the Petitioners were elected as the Members of the Respondent No. 4 – Agriculture Produce and Market Committee (APMC), Pusad. There were total

18 Members in the Executive Committee of the APMC and the Petitioners - Members constitute 50% of its elected Executive Committee. That, on 08/08/2024, the Petitioners tendered their resignations from the post of the Members of the APMC to the Respondent No. 5 – Chairman, thereby reducing the Executive Committee to a minority and making i