State seeks review of HC’s judgment on APMC elections

Source: The Hitavada      Date: 11 Feb 2018 08:36:59


Legal Correspondent,

In response to the 4 review applications -3 by the State Govt. and the fourth by the adversely affected agriculturists, Justice Bhushan Dharmadhikari and Justice Swapna Joshi, at the High Court here, have agreed to consider for reviewing the common judgment in 3 writ petitions delivered by the Court on January 16, 2018 . The Court has issued notice to the respondent –original petitioners , to show cause against these applications by March 5 next and stayed effect and operation of its judgment , which has been sought to be reviewed.

The State Govt. had promulgated Ordinance amending the Maharashtra APMC Act, 1963, having effect of conferring right to vote on each agriculturist having more than 10 R land in the elections of the various APMCs. The said Ordinance was placed before the Lower House of the State Legislature and was replaced by Act on August 8, 2017. Before the Upper House could consider the same, the Session was prorogued on August 11, 2017. As the said Ordinance was due to expire on September 3, 2017, the said Ordinance was re-promulgated on August 31, last year.
This re-promulgation gave rise to various matters before the Court. Through the judgment now awaiting review, the Court held that since the Winter Session of the Legislature was held at Nagpur, between December 11 to 22 , 2017, the material regarding as to what happened to that Ordinance was not placed before the Court, it had no option but to hold that the Ordinance had lapsed.

In view of this development the State Govt. and the agriculturists have filed these 4 applications for review, submitting that the Bill incorporating the Ordinance was placed before the State Assembly and was passed on December 19, 2017.The said Bill was also adopted by the Upper House on December 22, 2017. The Governor gave his assent to the Bill on January 15 last and it was published in the State Gazette on January 17, 2018.

The review applicants have expressed regret and submitted unconditional apology to the Court for their failure to bring these events tio the notice of the Court, in the manner known to law and have sought review of the judgment. Senior Advocate M.G.Bhangde with AGP Nivedita Mehta (State Govt.) , Adv. Dr. R.S.Sundaram with Adv.UshaTanna ( agriculturists) appeared for the review-applicants. Adv. Shantanu Ghate represented the State Co-operative Election Authority.