HIRA DEVI Vs. STATE OF H. P.

JUDGEMENT

(1.) Being aggrieved and dissatisfied with issuance of show cause notice dtd. 9/9/2022 (Annexure P-4) and letter dtd. 27/10/2022 (Annexure P-7), petitioner has approached this Court in the instant proceedings filed under Article 226 of the Constitution of India, praying therein for the following main reliefs:

(2.) Precisely, the facts of the case, as emerge from the record, are that vide order dtd. 25/6/2001 issued by Director, Food, Civil Supplies Controller, Sirmaur at Nahan, on the demand made by Gram Panchayat, Devka Pudla and Banethi, Tehsil Nahan, petitioner herein was allotted depot/ Fair Price Shop (FPS) for Village Shilli and Jamali and since then she had been successfully running aforesaid depot/ fair price shop on commission basis. Bare perusal of communication dtd. 23/8/2023 (Annexure P-2) clearly reveals that commission agreed to be paid vide order dtd. 25/6/2001 was subsequently enhanced from time to time. In the year 2021, petitioner contested the election of Gram Panchayat and was elected as Member of the Block Panchayat Samiti from Nahan Block. After her being elected as Member of Block Panchayat Samiti, District Controller, Food Civil Supplies and Consumer Affairs, Sirmaur at Nahan vide show cause notice dtd. 9/9/2022 (Annexur P-4) called upon the petitioner to explain that why fair price shop/ depot alloted to her in terms of order dtd. 25/6/2001 (Annexure P-7) be not cancelled on account of her having been elected as a Ward Member of the Block Panchayat Samiti from Nahan Block. As per the aforesaid show cause notice, elected Member of Gram Panchayat or Block Panchayat Samiti are ineligible to be alloted Depot/ Fair Price Shop on commission basis.

(3.) While replying to aforesaid show cause notice, petitioner specifically informed respondent/ Department that at the time of allotment of fair price shop/ depot on commission basis in her favour, she was not the member of Gram Panchayat or Block Panchayat Samiti. Petitioner also clarified that though in the year 2001 she was not member of the Block Panchayat Samiti, but even then as per prevalent rules, she was not debarred from contesting the elections, if any, to Gram Panchayat or the Block Panchayat Samiti on account of her being alloted depot. It also came to be clarified on behalf of the petitioner that restriction imposed vide Sec. 3 (2) (a) of the Himachal Pradesh Specified Essential Commodities (Regulation of Distribution) Order, 2019, a fair price shop cannot be alloted to an elected Pradhan/ Up Pradhan, Ward member of Gram Panchayat, Ward member of the Block Panchayat Samiti/ Zila Parishad, Ward members of Nagar Panchayats, Councilors of Municipal Committee/ Municipal Corporation, MLAs, MPs, and their family members till their tenure, but since fair price shop/ depot stood alloted to her before her being elected as Ward Member of the Block Panchayat Samiti, she cannot be compelled either to resign from the post of ward member or the depot.