REKHA DEVI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the learned standing counsel for the State-respondents.

(2.) Briefly stated, facts of the present case are that initially a meeting of Village Panchayat Mohammadpur, Block Bhadpura, Tehsil Nawabganj, District Bareilly was convened on 30.08.2016 for selection of a fair price shop agent. In the said meeting, the petitioner and some other persons contested but no resolution could be passed as evident from the copy of the proceeding register filed as Annexure-1. On 31.08.2016, some villagers moved an application before the respondent no.2 bringing to his notice that no selection could be made in the open meeting of the Village Panchayat on 30.08.2016. The respondent no.2 considered the matter and directed the concerned officer of the Food and Supply Department, Nawabganj and the Khand Vikas Adhikari for inquiry, who submitted their report on 009.2016. After considering the report, the respondent no.2 passed an order dated 03.09.2016 directing for convening an open meeting of the Village Panchayat. In the circumstances, the respondent no.2 issued a letter dated 20.09.2016 directing the Khand Vikas Adhikari to convene an open meeting of the Village Panchayat on 06.10.2016 after due circulation of the agenda for selection of a fair price shop agent. He also directed the S.H.O. of the police station concerned to make arrangement of sufficient police force on the date of the meeting, so that meeting may be peacefully organised. Copy of this order was also given to the Village Pradhan.

(3.) In compliance of the aforesaid order of the respondent no.2, an open meeting of the Village Panchayat was convened on 06.10.2016. The petitioner was well aware of this meeting as evident from his own letter dated 05.10.2016 addressed to the respondent no.2 in which he objected to the open meeting of the Village Panchayat on the ground that a meeting was held on 30.08.2016. Copy of this letter has been produced by the learned standing counsel along with instructions of the respondent no.2. The meeting was held on 06.10.2016, in which proposal was passed in favour of the respondent no.5, who secured highest vote i.e. 359 votes. In the meeting on 25.10.2016, the Tehsil Level Committee approved the selection of the respondent no.5 as proposed by the resolution of the Village Panchayat. Consequently, an allotment of the fair price shop was made by order dated 04.11.2016 in favour of the respondent no.5.