(1.) All these petitions relate to elections of Agricultural Produce Market Committee (APMC), Nagpur. As the facts are little vexed, we find it appropriate to very briefly state the controversy before embarking upon facts in each petition. It needs to be added here that all these petitions are heard & being decided together as jointly requested.
(2.) The tenure of elected Board of Directors of APMC, Nagpur, was to expire on 09.03.2017. The office of the Collector, Nagpur, therefore, proceeded to prepare voters list for holding next general election and 31.08.2016 was determined as cut off date for examining eligibility of voters. The provisional voters list was prepared on 01.12.2016 and by 26.12.2016, objections were invited. 09.01.2017 was the date scheduled for hearing of objections to the voters list and final voters list was to be published on 13.01.2017.
(3.) On 10.01.2017, State Government issued an order mentioning Section 14(3) and 14(3)(A) of the Maharashtra Agricultural Produce Marketing (Development and Regulation) Act , 1963 (Agricultural Produce Market Committee Act, hereafter) extending its term till 07.09.2017 and postponing the elections. This order dated 10.01.2017 was challenged in Writ Petition No. 585 of 2017 by the Members constituting Board of Directors. On 09.03.2017, this Court quashed and set aside that order. Then the petitioners in Writ Petition No. 1806 of 2017 filed MCA No. 287 of 2017 seeking its review and objected to setting aside of extension granted till 07.09.2017 to elected Board of Directors. On 22.03.2017, when this review was pending, State Government passed an order under Section 15A of APMC Act and appointed the Collector, Nagpur, as Administrator over the APMC. Questioning this appointment, Writ Petition No. 1806 of 2017 came to be filed and on 24.03.2017, the implementation of said order dated 22.03.2017 was stayed. However, this interim order was passed in MCA No. 287 of 2017. On 31.7.2017, this interim order is accepted & continued as interim order in Writ Petition No. 1806 of 2017 itself. With the result, elected body continued in office.
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