MUMBAI: In a major political setback to the Eknath Shinde-led government, the Aurangabad bench of the Bombay High Court on Tuesday quashed the state’s order on the appointment of a board of administrators in the Jalgaon District Milk Producer Society headed by wife Mandakini Khadse. NCP leader Eknath Khadse.
Following the HC order, Khadse, who was removed on July 29, quickly took charge of the society.
Mandakini Khadse, with 13 members, was elected to the executive committee of the society for a five-year term from 2015 to 2020. However, following the Covid-19 pandemic, the elections were postponed. Khadse alleged that in view of the change of power in the state, the government decided to remove all the petitioners who belonged to a political party which is now in opposition. Further, it was alleged that on the instructions of the CM, the Nashik District Deputy Registrar dissolved the existing Board of Directors on July 28 and appointed administrators.
Surprisingly, on the instructions of the CMO, 11 new members were appointed as administrators instead of three as per the provisions of the law. It was pointed out that the District Deputy Registrar stated that there was no circumstance to take any decision on the appointment of administrators, while the next day, he passed the order for the appointment of administrators. Justice Mangesh Patil and Justice Sandeep Marne in their 18-page order.
The judges said that in view of such a peculiar situation, it is clear as daylight and it can be easily demonstrated that the district deputy registrars were acting at the behest of the government. “Therefore, we are of the firm view that the DDR has passed the order not only by taking recourse to any inquiry in the absence of any ground or by following the principles of natural justice, but has also passed it with a wrong motive. Obligation to the Government, Justices Patil and Marne said.
Further, the judges said that the brazenness with which things took place was whimsical, because with the powers vested with the district deputy registrar to appoint an administrative board consisting of three members, the state had given him no authority to appoint anyone. Asked to appoint 11 without leaving the option. Otherwise. “The DDR exercised jurisdiction not independently but at the behest of the State Government. This is not the manner of functioning of a quasi-judicial authority, the foundation and even the motive to pass impugned orders. forces to quash” the judges observed.
Following the HC order, Khadse, who was removed on July 29, quickly took charge of the society.
Mandakini Khadse, with 13 members, was elected to the executive committee of the society for a five-year term from 2015 to 2020. However, following the Covid-19 pandemic, the elections were postponed. Khadse alleged that in view of the change of power in the state, the government decided to remove all the petitioners who belonged to a political party which is now in opposition. Further, it was alleged that on the instructions of the CM, the Nashik District Deputy Registrar dissolved the existing Board of Directors on July 28 and appointed administrators.
Surprisingly, on the instructions of the CMO, 11 new members were appointed as administrators instead of three as per the provisions of the law. It was pointed out that the District Deputy Registrar stated that there was no circumstance to take any decision on the appointment of administrators, while the next day, he passed the order for the appointment of administrators. Justice Mangesh Patil and Justice Sandeep Marne in their 18-page order.
The judges said that in view of such a peculiar situation, it is clear as daylight and it can be easily demonstrated that the district deputy registrars were acting at the behest of the government. “Therefore, we are of the firm view that the DDR has passed the order not only by taking recourse to any inquiry in the absence of any ground or by following the principles of natural justice, but has also passed it with a wrong motive. Obligation to the Government, Justices Patil and Marne said.
Further, the judges said that the brazenness with which things took place was whimsical, because with the powers vested with the district deputy registrar to appoint an administrative board consisting of three members, the state had given him no authority to appoint anyone. Asked to appoint 11 without leaving the option. Otherwise. “The DDR exercised jurisdiction not independently but at the behest of the State Government. This is not the manner of functioning of a quasi-judicial authority, the foundation and even the motive to pass impugned orders. forces to quash” the judges observed.