LAWS(BOM)-2020-12-145

PANDURANG Vs. DIVISIONAL JOINT REGISTRAR, CO-OPERATIVE SOCIETIES

Decided On December 03, 2020
PANDURANG Appellant
V/S
DIVISIONAL JOINT REGISTRAR, CO-OPERATIVE SOCIETIES Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioners in all these writ petitions.

(2.) The petitioners are aggrieved by interim orders dated 10/11/2020 passed by the respondent No.1 Divisional Joint Registrar Co-operative Societies, Amravati Division. These interim orders have been passed in appeals filed by the 4 th respondents in these writ petitions. The respondent No.1 has granted stay to orders passed by the respondent No.2 District Deputy Registrar, Co-operative Societies whereby the 4th respondents in these writ petitions were found to be disqualified to hold the post of Director of the Agricultural Produce Marketing Committee (APMC), Shegaon.

(3.) The principal issue involved in these matters is the disqualification of the 4th respondents in these writ petitions due to the fact that they lost their status as Members of the Agricultural Primary Societies whom they represented in the APMC, Shegaon. Such status has been lost by the 4th respondents in these writ petitions due to the fact that the Agricultural Primary Societies were amalgamated and they stood de-registered as per order passed by Assistant Registrar Co-operative Societies, Shegaon. There is no dispute about the fact that the issue as to whether such disqualification should follow in terms of the provisions of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act , 1963 and the relevant Rules framed thereunder, has been referred to larger Bench by order dated 08/11/2019 passed by a learned single judge of this Court in Writ Petition No. 4030/2018. Such reference was necessitated in view of cleavage of opinion in earlier judgments of this Court noted by the learned single Judge of this Court.