JEETU PAL Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Bakhteyar Yusuf, learned counsel for the petitioners; learned Standing Counsel for the State-respondents and; Shri Shakeel Ahmad Azmi, learned counsel for respondent no.6.

(2.) Presently, challenge has been raised by the petitioners to the selection of respondent no.6/Smt. Meena Devi as fair price shop agent for Gram Panchayat Lahar, Barkula, Soraon, vide selection reached through secret ballot cast on 24/10/2017.

(3.) Submission of learned counsel for the petitioners is three fold. First, it has been submitted, the Government Order dtd. 17/8/2002 clearly lays down the procedure for making selection of fair price shop agent. It mandates selection at open meeting of the Gram Panchayat. Then, it also provides, in case of any disputes, the matter may be referred to the next higher authority. Circumventing the aforesaid procedure, in the present case, purely on account of political pressure exercised by the then sitting M.L.A., who had written letter to the District Magistrate, Kasganj, dtd. 7/10/2017 and acting solely on his dictates, the District Magistrate issued instructions resulting in conduct of selection through secret ballot. Further, no reference was sought or made to the next higher officer.