LAWS(BOM)-2008-9-42

SHIVAJI KRISHNAJI BHALERAO Vs. STATE OF MAHARASHTRA

Decided On September 18, 2008
SHIVAJI KRISHNAJI BHALERAO Appellant
V/S
STATE OF MAHARASHTRA, THROUGH THE PRINCIPAL SECRETARY, MARKETING AND TEXTILE INDUSTRY Respondents

JUDGEMENT

(1.) Rule Heard forthwith.

(2.) The petitioner has described himself as a voter of the Agricultural Produce Market Committee, Jawla Bazar and as a citizen of India. Respondent Nos. 4 to 10 are the members of the Board of Administrators appointed under section 15A(l)(b) read with section 15A(1A). Respondent Nos. 4, 5 and 6 wer earlier members of the Managing Committee, respondent No. 4 being the Chairman, respondent No. 6 being the Vice-Chairman and respondent No. 5 being the member of the Committee. According to the admitted facts, the term of the elected committee was up to 31-12-2006. According to the petitioner, respondent - State had given three months extension to the members of the Managing Committee of the Agricultural Produce Market Committee (APMC). This period of three months was to expire on 31-3-2007. By order dated 23-3-2007 under section 14(3) of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963, (hereafter referred to as "Act"), the term of the committee was extended from 1-4-2007 to 30-9-2007. By way of further order dated 14th November 2007, further extension was granted from 1-10-2007 to 31-3-2008.

(3.) Respondent No. 3 by an order dated 17-6-2008 appointed an Administrative Committee, wherein the former Chairman, Vice-Chairman, one more member of the erstwhile Committee, as also respondent Nos. 7 to 10 have been approved as an Administrative Committee for further period of six months or taking over charge by the newly elected committee.