SHAIKH BURHAN SHAIKH MANNU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Mr. D. J. Choudhari, learned Counsel for the petitioner, Mr. E. P. Savant, learned Government Pleader, for respondent Nos. 1 to 4 and Mr. V. D. Salunke, learned Counsel for the respondent No. 5. Rule. Respondents waive service. By consent of the learned Counsel for the parties, Rule made returnable forthwith.

(2.) THIS is a petition filed by one of sitting Directors of the respondent No. 5 - Agricultural Produce Market Committee, Hingoli, which is established and functioning under the provisions of the Maharashtra Agricultural Produce Marketing (Regulation) Act, 1963. The elections to the Board of Directors of the said market committee were held on 3-7-1997 and the first meeting of the Board of Directors was held on 13-8-1997. The term of the market committee is of five years, and therefore, the term of the Board of Directors of the said Market Committee has come to an end on 12-8-2002. The Collector was expected to complete the elections before 12-8-2002. As there is failure on the part of the Collector to hold the elections, the petitioner has approached this Court seeking directions that the elections of the respondent No. 5 Market Committee be directed to be held.

(3.) MR. Savant, learned Government Pleader, appearing for the respondent Nos. 1 to 4, has filed affidavit on record, explaining as to how the election could not be held and has tendered the election programme. From this election programme the date of publication of voters list is already over i. e. on 27-8-2002 on which date the list has been published. The further dates i. e. the date for hearing the objections, publication of final list of voters after corrections and the date of filing nomination papers etc. have been shown in the said election programme. Thus, the election process, according to Mr. Savant has already commenced and it will be completed by 22nd December, 2002. The said programme is taken on record and marked "x" for identification purposes.