1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.542 OF 2009 with CA ST.NO.27331/2009. Pawan s/o Vyankatrao Kendhale and another - PETITIONERS VERSUS The State of Maharashtra & Ors. - RESPONDENTS ***** Mr. SS Jadhavar,Advocate for Petitioners; Mr.VD Rakh,AGP for Respondents. ----- CORAM : NARESH H. PATIL & K.U.CHANDIWAL, JJ. DATE : 4th December, 2009. PER COURT : 1) Heard. 2) The petitioners pray for directions to the authorities to hold the elections of village level cooperative societies as the term has expired before five years. The second challenge of the petitioners is that the voters list which is finalized for holding the elections to the 2 managing committee of Agricultural Produce Market Committee, Mantha, is required to be quashed/amended as unauthorized representatives of said village level cooperative societies are included as voters in the list purportedly to be finalized by the District Deputy Registrar (Cooperative Societies), Jalna. 3) According to the petitioners, since last 2½ years, Administrator is looking after the affairs of the APMC, Mantha. This petition was filed on 16th January, 2009. According to the petitioners, they have filed their objections to the preliminary voters list published by the concerned authorities and without deciding their objections, the voters list is finalized. 4) Learned AGP has produced a copy of publication dated 21.11.2009 made by the District Deputy Registrar (Cooperative Societies), based on which, learned AGP submits that the petitioners are entitled to raise objection to the final voters list in view of the provisions contained in Section 36(12) of the Maharashtra Agricultural Produce Marketing (Development & Regulation) Act, 1967. 5) We have considered the submissions advanced by the Counsel and the provisions of the 3 Act and the Rules made thereunder. As on today, we find from the stand taken by the State that the list of voters for holding the elections to the Managing Committee of APMC, Mantha is finalized. But, that would not deter the authorities like the District Deputy Registrar (Cooperative Societies), to decide the objections filed by the petitioners in view of the provisions of Section 36(12) of the said Act. In case no orders are passed on the petitioners’ objections to the voters list, we direct the authorities concerned to pass appropriate orders after hearing the petitioners within ten days from the date of receipt of the order. 6) The next submissions of the Counsel for the petitioners is elections to the managing committees of more than 45 village level societies were not held though their term expired and therefore, firstly the elections to the managing committee of those village level societies will have to be held and thereafter the election to the managing committee of APMC, Mantha could be held. 7) The petitioners are liberty to file a comprehensive representation to the Collector, Jalna in this regard. In case such a representation is filed within two weeks from 4 today, we direct the Collector, Jalna to pass appropriate orders on the same, keeping in view the provisions of law, and if required, after hearing the concerned parties, within two weeks from the date of receipt of the representation. The authorities are directed to pass the orders under the orders of this Court. 8) We further direct that the election programme of the APMC, Mantha, shall not be declared for a period of four weeks from today. 9) With these directions, the petition stands disposed of. 10) In view of disposal of the writ petition, CA St.No.27331/2009 does not survive, it is accordingly disposed of. Authenticated copy of this order be provided to the parties to act upon. (K.U.CHANDIWAL) (NARESH H. PATIL) JUDGE JUDGE bdv/wp542.09