SHRI DHARMENDRA KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) The petitioner has assailed the order dated 14.8.2018 passed by the respondent no.3, S.D.M., Dadri, Gautam Buddha Nagar, cancelling the proposal made by the Village Panchayat, Chithera recommending the petitioner for appointment as fair price shop dealer of Village Panchayat Chithera, District Gautam Budh Nagar.

(2.) A vacancy of a fair price shop dealer arose in Village Panchayat Chithera, District Gautam Budh Nagar. The process for appointment of a fair price shop dealer was initiated in line with the procedure prescribed in the Government Order dated 3.7.1990. An open meeting of the village panchayat was called to resolve on the issue of appointment of the fair price shop dealer. The meeting was widely publicized to ensure the attendance of the members of the village panchayat in the meeting. The meeting was held on 1.8.2008.

(3.) The members of the village panchayat came out and cast their vote. Two officials of the State Government namely the A.D.O., Panchayat as well as Panchayat Secretary were present in the aforesaid meeting. The A.D.O., Panchayat, presided over the aforesaid meeting while the Panchayat Secretary was present as observer. The proposal for appointment of a fair price shop dealer was put to vote. A total of 608 votes were cast. The results of the voting disclosed that 308 votes were cast in favour of petitioner and 300 votes were cast in favour of respondent no.6. The petitioner having secured the maximum votes became eligible for appointment as the fair price shop dealer. His name was accordingly recommended by the village panchayat for appointment as fair price shop dealer. The recommendation of the village panchayat and other documents in relation thereto were forwarded for completion of formalities which precede the appointment of a fair price shop dealer. The reports of the Panchayat Secretary as well as A.D.O., Panchayat, confirmed the lawful conduct of the aforesaid meeting and also affirm the result of the voting in favour of the petitioner. The reports of the Panchayat Secretary dated 6.8.2018 and the A.D.O., Panchayat dated 07.08.2018 were forwarded to the Block Development Officer on 7.8.2018. The Block Development Officer approved the proceeding and recommended further action as per law. The report of the Block Development Officer dated 7.8.2018 records that the Gram Pradhan of the village panchayat had refused to sign on the proceedings of the aforesaid meeting. The minutes of the meeting record the presence of the Gram Pradhan in the aforesaid meeting.