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Ashok Jagannath Salunke vs The State Of Maharashtra on 11 February, 2022

Bench: Sanjay Kishan Kaul, M.M. Sundresh

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     ITEM NO.11                    Court 6 (Video Conferencing)                     SECTION IX

                             S U P R E M E    C O U R T O F I N D I A
                                              RECORD OF PROCEEDINGS

     SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 1997/2022

     (Arising out of impugned final judgment and order dated 18-11-2021
     in WP No. 11669/2021 passed by the High Court Of Judicature At
     Bombay At Aurangabad)

     ASHOK JAGANNATH SALUNKE                                                    Petitioner(s)

     VERSUS

     THE STATE OF MAHARASHTRA & ORS.                 Respondent(s)
     ( IA No.14810/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED
     JUDGMENT and IA No.14815/2022-EXEMPTION FROM FILING O.T. and IA
     No.14809/2022-PERMISSION TO FILE PETITION (SLP/TP/WP/..) and IA
     No.14812/2022-PERMISSION        TO        FILE         ADDITIONAL
     DOCUMENTS/FACTS/ANNEXURES )

     Date : 11-02-2022 This petition was called on for hearing today.

     CORAM :
                                  HON'BLE MR. JUSTICE SANJAY KISHAN KAUL
                                  HON'BLE MR. JUSTICE M.M. SUNDRESH

     For Petitioner(s)                    Mr. Dilip Annasaheb Taur, AOR

     For Respondent(s)

                         UPON hearing the counsel the Court made the following
                                                  O R D E R

Permission to file SLP is granted.

We have heard learned counsel for the petitioner. Learned counsel for the petitioner submits that the petitions before the Court dealt with different Taluka but not of Aurangabad with which the petitioner is concerned.

Digitally signed by Charanjeet kaur Date: 2022.02.12 It is his say that if impugned order is implemented, 12:58:57 IST Reason: the APMC elections will not be conducted until 2025 and they would continue to be governed by the State  2 appointed administrators or as now the position stands replaced by committee of private persons who are political appointees. It is also stated that the term of the primary agricultural societies (PCS members and directors) is only due to expire by 2025 as in the case of Aurangabad. The order has been passed at the back of the petitioner.

The aforesaid being the situation, we are of the view that this Court should not be the first Court to examine all these issues as the petitioner was not heard in those proceedings while passing an all encompassing order.

We thus, grant liberty to the petitioner to file review petition before the Court predicated on the reasoning as contained in the Special Leave Petition which should be examined on merits. The review petition be filed within two weeks from today, as stated. The Special Leave Petition is dismissed with the aforesaid liberty.

Pending applications stand disposed of.

(ASHA SUNDRIYAL)                                                   (POONAM VAID)
ASTT. REGISTRAR-cum-PS                                              COURT MASTER