NAGENDRA KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) THE petitioner is a member of the gram panchayat and has questioned the order dated 3rd September, 2013 passed by the Sub -Divisional Magistrate allotting the fair price shop in favour of respondent no.7.

(2.) TWO grounds have been raised in the writ petition, namely, that the resolution was passed in a closed room without any agenda and it was not an open meeting. The second ground is that respondent no.7 is the sister -in -law of the Pradhan and, consequently, was barred under the Government Order of 1990.

(3.) A counter affidavit has been filed by the District Supply Officer on behalf of respondent nos.3, 4 and 5 indicating in paragraph 4 that an open meeting of the gram panchayat was held on 24th August, 2013 as per the agenda, which was presided over by the Pradhan and the meeting was held in the presence of the Assistant Development Officer. Further, the gram panchayat passed a unanimous resolution recommending the name of respondent no.7. Based on this resolution, the Sub -Divisional Magistrate after considering the entire record passed an order dated 3rd September, 2013 allotting the fair price shop in favour of respondent no.7.