RAMPRASAD WAMANRAO KADAM BORDIKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE. Taken up for hearing forthwith by consent of the parties.

(2.) THESE two writ petitions have brought in challenge the provisions of the Maharashtra Ordinance No. 17 of 1995, namely, the Maharashtra Agricultural Produce Market (Regulation) (Temporary Amendment) Ordinance, 1995. By an amendment, the petitioners have also brought in challenge the provisions of the Maharashtra Act No. 9 of 1996, namely, the Maharashtra Agricultural Produce Market (Regulation) (Temporary Amendment) Act, 1996, which makes similar provisions to that of Ordinance No. 17 of 1995.

(3.) THE petitioner in Writ Petition No. 5484 of 1995 is the Chairman of Jintur Agricultural Produce Market Committee, Jintur and was the Chairman of the Bombay Agricultural Produce Market Committee, Bombay, for several years. He is also the Member of Maharashtra Legislative Assembly elected on Congress ticket and alleges that since the new Government came into power after the 1995 elections, several attempts are being made to keep him out of the Bombay Agricultural Produce Market Committee. Since the term of office of the Jintur Market Committee was over, a proposal for extension of the committee was sent. As the Government did not take any decision, a writ petition came to be filed on 5th May, 1995 bearing No. 207 of 1995. The petition was adjourned to 2nd June, 1995 but in the meanwhile, on 10th May, 1995, the District Deputy Registrar, Co-operative Societies, Parbhani, appointed an Administrator on Jintur Market Committee. Earlier, this Court had granted protection to the petitioner against the apprehended order for 10 days, therefore the order was not implemented. Writ Petition No. 2123 of 1995 was filed in this Court challenging the appointment of the Administrator and the said petition is still pending. By way of interim relief, this Court directed the District Deputy Registrar not to take any steps in furtherance of the order of appointment of Administrator during the pendency of that writ petition. One Shri Shamrao Kakade filed a writ petition before this Court at Bombay and in that Writ Petition No. 1084 of 1995, Division Bench of this Court, on 28th March, 1995, was pleased to direct respondent - State to hold the elections of the Bombay Agricultural Produce Market Committee as expeditiously as possible but before the end of July 1995. On 26th July, 1995, a civil application was moved in that Writ Petition No. 1084 of 1995 by the State Government, Director of Agricultural Marketing and Collector of Bombay, praying that the period given for completing the elections be extended to April 1996. But the said application came to be rejected in September, 1995.