RAMA SHANKAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) <DJG> CHANDRAMAULI KR.PRASAD,J. </DJG>- This application has been filed for quashing the order dated 6.12.2001 (Annexure -2) whereby the State Government has taken a decision that in case of a close relation getting elected as Mukhiya. Sarpanch or Ward Member, the appointment of such relative as dealer under the Public Distribution System, shall be kept in abeyance during the period such relative holds the office. Further prayer made by the petitioner is to quash the order dated 20.2.2003 (Annexure -4) whereby the allotment of foodgrains to the petitioner under the Public Distribution System has been stopped and he has been asked to show cause as to why his appointment as dealer be not cancelled, so long his brother continues as the Member of the Panchayat Samiti.

(2.) SHORN of unnecessary details, facts giving rise to the present writ application are that the petitioner was appointed as a dealer for distribution of foodgrains under the Public Distribution System (hereinafter referred to as ''PDS '') and an agreement to that effect dated 18.1.2002 (Annexure -1) was executed. In pursuance of the said appointment as dealer, petitioner was allotted foodgrains, which according to him were distributed to the card holders without any complain or murmur. In the Panchayat Election held in April, 2001, Petitioner 's brother Ram Sagar Singh has in elected as the Member of Patahi Panchayat Samiti. It is relevant here to state that the State Government, in its Food, Civil Supplies and Commerce Department. issued letter dated 6.12.2001 (Annexure -2), addressed to all Divisional Commissioners and District Magistrates conveying its decision to cancel the appointment of such dealer who have been either elected as Mukhiya, Sarpanch or Ward Member or such of the dealer whose close relative has been elected as such, during the tenure of the said office. Letter dated 15.12.2002 of the State Government further stipulated that mother -father, brother -sister -in -law, husband -wife, daughter, daughter -in -law even if living separately, shall come within the expression ''family members ''. In the light of the aforesaid decision of the State Government, the Subdivisional Officer, by impugned order dated 20.2.2003 stopped the allotment of foodgrains to the petitioner as a dealer under the PDS and asked him to show cause as to why his appointment as dealer be not cancelled for the period his brother continues to be the Member of the Panchayat Samiti.

(3.) MR . Akhtar submits that Panchayat Samiti having no role to play in the distribution of the essential commodities under the ''PDS '' the State Government 's decision to cancel the appointment of relative as a dealer for the period such relative holds office is illegal. I do not find any substance in this submission of Mr. Akhtar. His every assumption that the Panchayat Samiti has no role to play in the distribution of foodgrains under the PDS is absolutely misconceived. Section 22 of the Bihar Panchayat Raj Act, 1993, hereinafter referred to as the ''Act" provides for functions of the Gram Panchayat and one of its functions as enumerated under section 22 (xxii) of the Act is in relation to FDS. same reads as follows