High Court of Judicature at Bombay, Nagpur Bench, Hears Petitions Challenging Maharashtra Cotton Seed Price Control Legislation. The court examined the validity of the Maharashtra Cotton Seed Act, 2009 and notifications fixing maximum sale prices of BGI and BGII cotton seeds, in light of the Essential Commodities Act, Seeds Act, and Environment Protection Act.

Challenge to constitutional validity of Maharashtra state legislation and notifications fixing maximum sale price of cotton seeds.

Petitioners sought quashing of the Maharashtra Cotton Seed (Regulation of Supply, Distribution, Sale and Fixation of Sale Price) Act, 2009 and related notifications, and a declaration that the State lacks power to fix prices of cotton seeds in view of central legislation.

The State of Maharashtra issued Ordinances and then an Act fixing the maximum retail price of Bt cotton seeds (BGI and BGII varieties), which allegedly violated petitioners' rights and was beyond State's legislative competence, conflicting with Central Acts.

Interim orders passed on 27.06.2008 in WP 2207/2008 and 10.06.2010 in WP 2493/2010, not staying the impugned legislation but noting that if the legislation is held unconstitutional, the State may have to make good any losses.

the petitioners “the producers of the cotton seed” have challenged the statutes and notifications of the State of Maharashtra of “price control of cotton seed” in Maharashtra. (Para 1) Following are the Central Acts and the State Acts and Ordinances involved and read and referred by the parties : ... (Para 7)

Writ Petition No. 2207 of 2008 was filed challenging the Maharashtra Cotton Seed Ordinance, 2008 and the notification dated 23.05.2008 fixing MRP for Bt cotton seeds; the court passed an interim order on 27.06.2008. Writ Petition No. 3390 of 2009 was filed challenging the 2009 Ordinance and notification; the Ordinance was later replaced by the Maharashtra Cotton Seed Act, 2009 (published 03.07.2009). Writ Petition No. 2493 of 2010 was filed challenging the notification dated 14.05.2010 issued under Section 10 of the Act, fixing prices of BGI and BGII seeds. The court passed a similar interim order on 10.06.2010. All three writ petitions were heard together, and a common judgment was delivered on 13.08.2013.

• Essential Commodities Act, 1955: 2(A)(10), 3
• Seeds Act, 1966: 2(11)
• Seeds (Control Order), 1983:
• Environment (Protection) Act, 1986: 6, 8, 25
• Rules for Manufacture, Use, Import, Export and Storage of Hazardous Micro Organisms/Genetically Engineered Organisms Or Cells, 1989:
• Maharashtra Cotton Seed (Regulation of Supply, Distribution, Sale and Fixation of Sale Price) Act, 2009: 2, 10