RAVANSIDHA CHANDRAM MASHALE Vs. DISTRICT COLLECTOR, SOLAPUR

JUDGEMENT

(1.) Heard learned counsel for the petitioner so also the respondents. By the present petition the petitioner has prayed for issuance of writ of certiorari for quashing of the impugned order dated 18.3.2008 where under the Government of Maharashtra has nominated board of directors of Agricultural Produce Market Committee, Akkalkot. The petitioner further seeks writ of mandamus against respondent No.1 to complete election process of Agricultural Produce Market Committee, Akkalkot within stipulated time frame.

(2.) Few facts that are necessary to adjudicate the issue raised in the present writ petition are narrated herein below:

(3.) Second proviso was inserted in subsection (2) of section 13 by Maharashtra Ordinance I of 2008 with effect from 22.1.2008. In the present case the Administrator was appointed prior to the said amendment and thus this Court in the writ petition referred to herein above had held that the appointment of the Administrator was an adhoc arrangement pending constitution of the new committee by appointing board of directors. It is thus clear that the appointment of the Administrator was not an act done by the State in a situation covered by second proviso to subsection (2) which vests the State Government with a discretion, if it considers expedient, instead of nominating members of the market committee, appoint an administrator or board of Administrators and the administrator or the board of administrators so appointed shall for all purposes be considered to be the Committee constituted for the first time. Thus by insertion of second proviso the State Government has been given an option either to appoint the Administrator or nominate the members of the Market Committee and in the event if the Government opts to appoint an Administrator, such appointment of an Administrator shall be considered to be the Committee constituted for the first time. Under the newly inserted second proviso the State Government has two options; one to appoint an Administrator and two to nominate members of the Market Committee constituted for the first time.