Dinesh Champat Rathod and Others v. State of Maharashtra, Thr. Secretary for Co-Op., Marketing and Textile Dept., Mumbai and Ors.

Bombay HC4 Oct 2024WP/5903/2024

Case brief

AI extract

What is this about?

Members of APMC Pusad sought directions to the Chairman to accept their resignations kept pending since 8.8.2024 despite a Deputy Registrar communication. Notice was issued to respondents 4 and 5, returnable 13.11.2024. Ad-interim restraint was imposed on meetings and policy decisions; acceptance of resignation letters was permitted.

What did the court decide?

Ad-interim order restraining respondents 4 and 5 from holding meetings/taking policy decisions; liberty to accept resignations.

Dinesh Champat Rathod and Others vs State of… — Cooperative Societies | Bombay HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR

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WRIT PETITION NO.5903/2024

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Shri Dinesh Champat Rathod and others Vs. State of Maharashtra and others

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Mr. Amol B. Patil, Advocate for petitioners. Mr. N.S.Rao, AGP for respondent nos.1 to 3.

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CORAM : BHARATI DANGRE & ABHAY J. MANTRI , JJ. DATE : OCTOBER 04, 2024.

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P.C.:

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The grievance raised by the petitioners is about inaction by the Chairman-respondent no.5 of the Agricultural Produce and Market Committee, Pusad (“APMC” for short) despite the resignations being tendered on 8.8.2024.

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Mr. Patil, learned counsel for the petitioners, submits that though nine resignations were submitted, but the respondent no.5 has accepted two and has failed to communicate any decision upon the balance.

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He has invited our attention to the communication from the Deputy Registrar of Cooperative Societies, Yavatmal, addressed to the Chairman, APMC on 12.8.2024, in relation to nine resignation letters submitted, and directing him to take appropriate action thereupon and forward his report.

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Despite the aforesaid directions, no action has been taken.

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The petitioners are aggrieved by two facets, being no action taken on the resignation letters and also by the act on the part of the Chairman to continue the conduct of business of the APMC and taking

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policy decision by co-opting two members and thus taking decision as regards renting the premises as well as granting approval to the budget etc.

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The limited prayer of the petitioners is issuance of direction to the respondent no.5 to accept the resignations, which are kept in abeyance.

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Mr. N.S. Rao, learned Assistant Government Pleader, waives notice for respondent nos.1, 2 and 3.

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Issue notice to the respondent nos.4 and 5 making the same returnable on 13^th November, 2024.

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Hamdast granted.

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Notice is permitted to be served by private mode of service.

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By way of ad-interim order, we restrain the respondent nos.4 and 5 from holding any meeting and taking any policy decision affecting the affairs of the Committee.

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In the meantime, it is also clarified that it is open to accept the resignation letters given by the petitioners.

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(ABHAY J. MANTRI, J.) (BHARATI DANGRE, J.)

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Mukund Ambulkar

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Signed by: Ambulkar (MLA) Designation: PS To Honourable Judge Date: 07/10/2024 12:02:34

Dinesh Champat Rathod and Others v. State of Maharashtra, Thr. Secretary for Co-Op., Marketing and Textile Dept., Mumbai and Ors.

Case brief

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What did the court decide?

Dinesh Champat Rathod and Others v. State of Maharashtra, Thr. Secretary for Co-Op., Marketing and Textile Dept., Mumbai and Ors.

Case brief

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