1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. WRIT PETITION NO.4624 OF 2009 1. Prakash s/o Popatrao Patil, Age : 51 years, Occu.Agriculturist, R/o Lonsim, Tq. Amalner, Dist. Jalgaon 2. Ashok s/o Bajirao Patil, Age : 61 years, Occu.Agriculturist, R/o Gangapuri, Tq. Amalner, Dist. Jalgaon 3. Vinayak s/o Sitaram Patil, Age : 53 years, Occu.Agriculturist, R/o Eklahare, Tq. Amalner, Dist. Jalgaon 4. Anil s/o Ambar Patil, Age : 44 years, Occu.Agriculturist, R/o Mangrul, Tq. Amalner, Dist. Jalgaon 5. Dhangar s/o Dala Patil, Age : 58 years, Occu.Agriculturist, R/o Zadi, Tq. Amalner, Dist. Jalgaon 6. Suresh s/o Piran Patil, Age : 50 years, Occu.Agriculturist, R/o Nimbhora, Tq. Amalner, Dist. Jalgaon ..PETITIONERS VERSUS 1. The State of Maharashtra Through Principal Secretary, Marketing & Cooperation Department, Mantralaya, Mumbai-400032 2 2. Director of Marketing, Maharashtra State, Central Building, Near Pune Railway Station, Pune, District - Pune 3. District Deputy Registrar, Co-operative Societies, Jalgaon, District Jalgaon 4. Agricultural Produce Marketing Committee, Amalner, Tq. Amalner, Dist. Jalgaon, Through its Chairman/Secretary ..RESPONDENTS Mr P.R. Patil, Advocate for the petitioners; Mr S.V. Kurundkar, Addl.G.P. for respondents no.1 to 3; Mr V.D. Hon, Advocate for respondent no.4. CORAM : P.V. HARDAS AND A.V. POTDAR, JJ. DATE : 5th October, 2009 ORAL JUDGMENT (PER P.V. HARDAS, J.) At the outset, Shri S.V. Kurundkar, learned Addl.G.P. who appears on behalf of respondents no.1 to 3 states on the basis of written communication from the respondents that an election programme had been declared and pursuant to the election programme the provisional voters list came to be published on 24.2.2009 and the final voters list came to be published on 19.3.2009. However, the election programme could not be carried forward on account of the declaration of the Assembly Elections and the respondents would pursue the election programme after 27.10.2009. On the strength of the aforesaid statement of the learned Addl.G.P., Shri P.R. Patil, learned Counsel for the 3 petitioners states that the petitioners do not press for the relief at prayer clause (B) to the petition. In respect of prayer clause (A) to the petition, learned Counsel for the petitioners states that the petitioners may be permitted not to press this relief at this stage and prays for grant of liberty to file appropriate proceedings, in the event the representation filed by the petitioners on 9.3.2009 is decided adverse to the interest of the petitioners. 2. Accordingly this writ petition stands dismissed as withdrawn in respect of prayer clauses (A) and (B). The only prayer clause which now survives for consideration is prayer clause (C) to the petition and accordingly we issue Rule making it returnable forthwith. 3. As pointed out by us above, the petitioners had submitted a representation on 9.3.2009 for appointment of an Administrator and for holding of the elections. The aforesaid representation is said to be pending. The election programme came to be interrupted on account of the declaration of the ensuing Assembly Elections. In the light of that, therefore, we are inclined to allow this petition to the limited extent of directing the respondents to decide the representation of the petitioners dated 9.3.2009, if pending, in accordance with law, within a period of three weeks from today and communicate the decision thereon to the petitioners. 4. Rule is thus made absolute on the terms indicated above with no order as to costs. 4 5. Copy of this judgment duly authenticated be provided to the Addl. Govt. Pleader to act upon. ( A.V. POTDAR, J.) ( P.V.HARDAS, J.) amj/wp4624.09