1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.7371 OF 2009 Anil s/o Bhaidas Patil and another. Petitioners. V E R S U S The District Deputy Registrar, Cooperative Societies, Jalgaon and another. Respondents. ------------------------------------------------------------------ Shri V.D. Hon, Advocate for the petitioners. AGP for State R-1. R-2 Served. -------------------------------------------------------------------- CORAM : B. R. GAVAI, J : DATE : 25TH NOVEMBER, 2009. PER COURT :- 1. By way of present petition, the petitioner challenges the order dated 20.10.2009 passed by the respondent no.1 thereby appointing Administrator on the market committee. 2. Shri Hon, the learned counsel appearing for the petitioner submits that though the committee consisting of the petitioner had taken necessary steps for holding office of the A.P.M.C. much prior to the expiry of their term the elections could not be held, on account of the elections to the legislative 2 assembly. He therefore submits that order of appointment of administrator is liable to be quashed and set aside. 3. Perusal of Section 14 of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963 (herein after referred to as ‘the Act’) specifically second proviso would reveal that State Government is empowered to extend the term of office of he members of the committee where the elections of the members of the committee could not be held for the reasons beyond the control of the committee before expiry of the term. However, it is to be seen that for exercising this power, the State Government is required to issue and order in the official Gazette extending the term. It can thus clearly be seen that the extension of the term is not automatic, it is only upon an order issued by the State Government in this regard. Admittedly, no such order has been issued by the State Government. As such, the petitioner did not have any right to continue in the office after expiry of their term. Perusal of Section 15-A would reveal that, after expiry of term, or the extended term, if any, the Director or any other officer named in Section 15A is required to pass an order directing that members of the Committee shall, cease to hold the office and appoint an Administrator or the Board of Administrator manage the affairs of the Committee. 3 4. In that view of the matter, no error is found in the action taken by the respondent no.1 to warrant interference. Hence rejected. 5. In view of dismissal of writ petition, nothing survives in the civil application and stands disposed off. ( B. R. GAVAI, J. ) ..... aaa/7371.09