SURESH CHANDRA SHARMA Vs. STATE

JUDGEMENT

(1.) It is not in dispute that petitioner's wife Smt. Ambika Devi was elected Gram Pradhan of Gram Panchyat Nagla Padam in the election held in 2005. The Government Order No. 276/29-6-02-162 sa/2001 dated 18.7.2002 (para 2) clearly provides that if the spouse or other family member of fair price shop dealer is elected as Gram Pradhan, the agreement of such dealer would have to be cancelled and such a dealer cannot continue. In pursuance to the said Government Order dated 18.7.2002 the Deputy Collector has passed the impugned order dated 10.9.2008 which is under challenge before this Court.

(2.) Learned counsel for petitioner submitted that earlier also such an order was passed by Deputy Collector, Gabhana, District District Aligarh on 20.2.2006 whereagainst petitioner filed an appeal and the Commissioner, Agra by order dated 25.9.2006 allowed the appeal holding that the Government Order is prospective and apply to new dealer and not to existing one. He submitted that in view of the finding already recorded by Commissioner, the Deputy Collector could not have cancelled the agreement of petitioner.

(3.) During the course of argument, learned counsel for petitioner could not dispute that the Government Order dated 18.7.2002 clearly provides that on being elected family member of fair price shop dealer as Gram Pradhan, the agreement of fair price shop dealer shall be cancelled. This pre-supposes the existence of a dealership prior to issuance of Government Order and only then the question of cancellation would arise. Earlier, Commissioner who passed the order dated 25.9.2006 has clearly said something which is perverse, illegal and shows a total misreading and lack of understanding of the relevant Government Order. The Deputy Collector has not committed any mistake in view of the fact that petitioner's wife has been elected Gram Pradhan of Gram Panchayat where petitioner has his fair price shop and he has very rightly and candidly passed the order which warrants no interference. The said order has been confirmed by Commissioner, Aligarh on 11.12.2008 and there also I find that Commissioner has not committed any error in confirming the Deputy Collector's order dated 10.9.2008 .