134wp1547.10.odt 1 . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No. 1547 of 2010 (Agricultural Produce Market Committee and Ors. vs. District Election Officer and District Deputy Registrar, Co-operative So. and anr.) Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Coram: D. D. Sinha and F. M. Reis, JJ. Date : 13/04/2010. Heard Mr. Subhash Paliwal, Adv. for the petitioners and Mrs. B. H. Dangre, Additional Government Pleader for respondent nos. 1 and 2. In the instant petition, the grievance of petitioners is in respect of preparation of voters' list u/s. 36 of the Maharashtra Agricultural Marketing (Development and Regulation) Rules, 1969 by the Assistant Registrar, Co-operative Society, Yavatmal in respect of A.P.M.C., Ralegaon. It is contended that, under Rule 36, power in this regard vests in the Marketing Committee, Ralegaon and not in the Assistant Registrar, Co-operative Societies. It is further contended that, apart from the lack of power, the list prepared by the Assistant Register contains names of 159 persons, out of which licences of 55 persons are already expired and three persons, in whose favour the licenses of trader/Commission Agent were issued, are not included in the said list. It is, therefore, contended that the grievance of the petitioners is two fold : a) that 134wp1547.10.odt 2 . the Assistant Registrar, who has prepared the voters' list does not have jurisdiction to do so and b) the voters' list prepared by the Registrar does not demonstrate the names of eligible voters and includes names of voters those who are not eligible. Mrs. B.H.Dangre, Additional Government Pleader has submitted that the voters' list which was published is provisional one and the last date of submitting the objections is 16.4.2010 and the competent Authority shall hear the Objectors on 20.4.2010. It is further contended that petitioner nos. 2 and 3 can submit objections in this regard before the District Deputy Registrar/Returning Officer. If such objections are submitted, they will be given reasonable opportunity of hearing and their objections will be decided in accordance with law on the basis of record and other evidence furnished by them before the Authority. Counsel for the petitioners has further contended that similar is the situation in respect of voters' list prepared by the Assistant Registrar under Rule 36 in respect of hamals and Weighmen. The Assistant Government Pleader has submitted that petitioner nos. 2 and 3 may submit the objections on 20.4.2010 which shall be considered in accordance with law after giving reasonable opportunity of hearing to the petitioners. Considered the rival contentions. Perused the provisions of Rule 36 of the Rules. In the backdrop of the above referred facts, since petitioner nos. 2 and 3 will get reasonable opportunity of hearing, it is not necessary for us to consider the issue on merits at this stage and therefore, we keep it open with liberty to petitioner nos. 2 and 3 to file their objections in respect of voters' list published by the Assistant Registrar u/s. 36 of the rules well within time. The Assistant Government Pleader has already made a 134wp1547.10.odt 3 . statement that their objections would be considered in accordance with law after following the principles of natural justice. In that view of the matter, no further direction in this regard is necessary. In the circumstances, the petition is disposed of accordingly. Copy of this order duly authenticated be supplied to the learned Counsel for respective parties. JUDGE JUDGE jais