2212wp5234.11 1/4 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.5234 OF 2011 (Anandrao Dhonduji Patale and others vs. State of Maharashtra and others) __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : D.D. SINHA AND A.P. BHANGALE, JJ. DATED : DECEMBER 22, 2011 Heard Shri Khajanchi, learned Counsel for the petitioners, Shri Deshpande, learned Assistant Government Pleader for the respondent nos. 1 to 4, and Shri Madkholkar, learned Counsel for the respondent nos. 5 to 7. Shri Khajanchi, learned Counsel for the petitioners, states that the petitioners are the erstwhile Directors of the Agricultural Produce Market Committee, Pombhurna. The tenure of the Managing Committee was over on 21/8/2011. On 22/8/2011 Board of Administrators was appointed to run the concerned Agricultural Produce Market 2212wp5234.11 2/4 Committee and the charge was taken by the Board of Administrators on 24/8/2011. It is submitted by Shri Khajanchi, learned Counsel for the petitioners, that by the present petition, the petitioners are praying for quashing of the impugned order dated 19/7/2011 passed by the respondent no.1 whereby Board of Administrators came to be appointed to administer management of the Agricultural Produce Market Committee, Pombhurna for a period of six months. The petitioners are also seeking direction to the respondent nos. 1 to 3 to complete election process of Agricultural Produce Market Committee, Pombhurna within a stipulated period. In the backdrop of the above referred facts, it is evident that term of the erstwhile Directors of the Agricultural Produce Market Committee, Pombhurna was over and Board of Administrators came to be appointed and the Board of Administrators has also taken over charge. It is no doubt true that elections are required to be held and it is for the Agricultural Produce Market Committee, Pombhurna to deposit the necessary amount with the 2212wp5234.11 3/4 Collector for holding elections of the Agricultural Produce Market Committee, Pombhurna as per the scheme of the Maharashtra Agricultural Produce Marketing (Development & Regulation) Act, 1963. Shri Deshpande, learned Assistant Government Pleader states that request is already made by the Authorities to the Agricultural Produce Market Committee, Pombhurna to deposit the requisite amount with the Collector for holding elections. It is submitted that as and when requisite amount will be deposited by the Agricultural Produce Market Committee, Pombhurna with the Collector, elections in question shall be held according to procedure applicable in this regard forthwith. In the backdrop of the above referred facts and circumstances, particularly in view of the fact that the Collector is ready and willing to hold the elections provided Agricultural Produce Market Committee, Pombhurna deposits the necessary amount for holding the same, we do not propose to keep the present petition pending. The petition is disposed of with a direction that if financial position of the Agricultural Produce Market Committee, 2212wp5234.11 4/4 Pombhurna is sound, the Agricultural Produce Market Committee, Pombhurna should deposit the requisite amount with the Collector for holding elections within a period of eight weeks from today and if such amount is deposited, the Collector is directed to hold elections of Agricultural Produce Market Committee, Pombhurna in accordance with law and procedure applicable in this regard. Copy of this order be given to Shri Khajanchi, learned Counsel for the petitioners. JUDGE JUDGE khj