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Bombay High Court

Dattu Namdeo Kale vs The State Co-Op Election Authority ... on 22 November, 2021

Author: Madhav J. Jamdar

Bench: G.S. Patel, Madhav J. Jamdar

                                                                          24-ASWP-7375-2021.DOC




                   Shephali



                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CIVIL APPELLATE JURISDICTION
                                    WRIT PETITION NO. 7375 OF 2021


                   Dattu Namdeo Kale                                              ...Petitioner
                         Versus
                   The State Cooperative Election Authority                     ...Respondents
                   Maharashtra & Ors


                   Mr Remeshwar N Gite, for the Petitioner.
                   Mr Dilip Bodake, for the Respondent.
                   Mr RP Kadam, AGP, for the State.


                                           CORAM: G.S. Patel &
                                                  Madhav J. Jamdar, JJ.

DATED: 22nd November 2021 PC:-

SHEPHALI 1. We are shown a letter dated 17th November 2021 issued by SANJAY MORMARE the Maharashtra Government in regard to the elections generally to the APMCs. We are assured that these steps will be applied to the Digitally signed by SHEPHALI SANJAY MORMARE present case also, that is to say that the elections of the Primary Date: 2021.11.23 18:38:39 +0530 Societies (Agricultural Credit Societies or Multi-Purpose Cooperative Societies that give agricultural credit). As required by Section 13 of the APMC Act, the primary elections will obviously have to precede the elections to the AMPC.

22nd November 2021 24-ASWP-7375-2021.DOC

2. We are informed that a similar order was made in a batch of Writ Petitions listed on 18th November 2021 before the Division Bench of this Court at Aurangabad (SV Gangapurwala and RN Laddha JJ) (Writ Petition No. 11669 of 2021 and associated Petitions). We accept the statements made on behalf of the Respondent-State.

3. In this context, we reproduce paragraph 12 of the order of the Aurangabad Bench :

"12. In the light of above facts and circumstances and the stand of the State Government the State Co-operative Election Authority, Taluka Co-operative Election Officer and the District Election Officer of APMC shall first conduct the elections of the Primary Agricultural Societies and thereafter all APMCs. The same shall be done expeditiously and in time bound manner. We are also being apprised, the Election Authorities have already commenced the elections of the primary Agricultural Societies phase- wise manner, the same shall be expedited of course adhering to the time stipulations under the Statute and without wasting any further time."

4. We adopt the same view.

5. In view thereof, the Writ Petition is disposed in the above term with liberty to the Petitioner to move Court if the need arises.

6. There will be no order as to costs.

22nd November 2021 24-ASWP-7375-2021.DOC

7. All concerned will act on production of a digitally signed copy of this order.

(Madhav J. Jamdar, J.) (G. S. Patel, J) Page 3 of 3 22nd November 2021