DINESH Vs. COLLECTOR, NAGPUR

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard finally with the consent of the learned Counsel appearing for the respective parties.

(2.) Challenge in the present Writ Petition is to a notice dated 02.12.2013, that has been issued by the respondent no.1 for convening a special meeting of respondent no.16 Market Committee, to consider the motion of no confidence that was proposed to be moved against the petitioner.

(3.) Respondent no.16 Market Committee comprises of 18 Directors, and petitioner is its elected Chairman. The respondent nos. 3 to 15 who are also Directors of the Market Committee forwarded a requisition dated 28.11.2013 to the District Deputy Registrar, Cooperative Societies, Nagpur. In said requisition, it was stated that the aforesaid respondents proposed to move a motion of no confidence against the petitioner. A request was made to the District Deputy Registrar to convene a meeting of the Market Committee for considering the motion of no confidence. On 28.11.2013, the District Deputy Registrar forwarded the aforesaid communication to the office of the respondent no.1 Collector, for further action. Thereafter on 02.12.2013, a notice was issued by the respondent no.1 to convene a special meeting under the provisions of Section 23A of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act, 1963 (hereinafter referred to as "the 1963 Act" for short). The aforesaid meeting was scheduled on 13.12.2013. It is this notice of special meeting which has been challenged in the present petition.