POORAN SINGH Vs. DISTRICT MAGISTRATE & OTHERS

JUDGEMENT

(1.) Heard Mr. Ramji Srivastava, Advocate for the petitioner, Mr. Paresh Tripathi, Additional Chief Standing Counsel for the respondent nos.1 to 4 and Mr. Rajendra Dobhal, Senior Advocate assisted by Mr. G.D. Joshi, Advocate for the respondent no.6.

(2.) Order was issued by the State Government on 25.05.2005. In Clause 4 of the said Government Order essential eligibility criteria for allotment of fair price shop were mentioned. Another Clause 7 of the said Government Order provided that selection of fair price shop shall be made by Gaon Sabha by majority resolution. On 03.06.2010 State Government issued another government order making amendment in the earlier government order regarding allotment and selection of fair price shop. Clause 4 or Government Order dated 03.06.2010 provided that where more than one candidates fulfil the required eligibility for allotment, in such situation selection of shop shall be made on the basis of lottery. The State Government again issue government order on 11.07.2011 making amendment in the provision relating to allotment and selection of shop. By this Government Order the Clause 4 of the Government Order dated 03.04.2010 whereby provision of lottery was introducted, has been amended and in its place amended provision has been made providing essential eligibility criteria.

(3.) In village Panchayat Selaqui, Dehradun a fair price shop was allotted to one Smt. Manmaya Tamang. She died on 04.01.2012. For allotment of fair price shop in Selaqui, an open meeting of Gram Panchayat was convened on 16.05.2012 in the presence of Assistant Development Officer, Panchayatraj, Sahaspur. Since applicants were more than one be, passed in favour of any person as 11 persons were claimant, it was decided in the meeting that allotment be done by secret voting of those persons who are having rashan card of village Selaqui. Hand written ballot papers were prepared same day in which the names of 11 candidates were shown. Election was conducted through secret ballot papers. In the said election, respondent no.6 got 77 votes whereas the petitioner got only 40 votes. One another claimant Meena got 49 votes. The respondent no.6 was asked to apply for fair price shop in a prescribed proforma through Gram Panchayat. The petitioner, after having lost in the said voting, filed writ petition against the proposal dated 16.05.2012. Petitioner has also prayed in the writ petition for direction to the respondents to convene the meeting of Gram Panchayat afresh in accordance with Panchayat Raj Act, 1947 and the rules framed thereunder as well as Government Order dated 03.06.2010 and only thereafter allot a fair price shop dealer.