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2016 DIGILAW 2861 (ALL)

VIJAY BAHADUR v. STATE OF U. P.

2016-08-20

ATTAU RAHMAN MASOODI

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JUDGMENT Hon’ble Attau Rahman Masoodi, J.—Heard Sri Amit Singh, learned counsel for the petitioner and Sri Akash,learned counsel holding brief of Sri Azad Khan as well as Sri Manish Mishra learned Standing Counsel, who has put in appearance on behalf of the opposite parties No. 1 to 5. 2. Litigation in relation to fair price shops over a period of time has grown manifold. The establishment and functioning of Public Distribution System are the two main areas calling for attention of district administratioin. The establishment involves a democratic process at the initial stage when a fair price shop is allotted to a villager through the process of passing a resolution by the Gram Sabha. It is the duty of a Gram Panchayat to carry out the mandate of a resolution passed by the gram sabha particularly when it relates to a development programme. The establishment of fair price shops is necessary in the pursuit of aims and objects sought to be achieved under the Essential Commodities Act, 1956, as such, is a development measure within the meaning of Panchayat Raj Act, 1947. 3. The present case is an instance where the very allotment of a fair price shop has become questionable on account of the fact that in an open meeting of Gram Sabha scheduled on 3.6.2016 for the selection of a fair price shop licensee, the Gram Pradhan is said to have left the meeting whereas the petitioner who is a prospective candidate claims to have been selected by majority of the villagers who participated in the said meeting, yet the issue has become a subject-matter of enquiry and remains surrounded by uncertainties. An inquiry is said to have been conducted by the authorities which records that the meeting held was witnessed by eruption of inter se differences between the villagers and the Pradhan left the meeting as such the resolution cannot be acted upon. The requirement of a resolution by Gram Sabha is provided under Clause-5 of the Government order dated 3.7.1990 which is reproduced hereunder: ^^5- xkao lHkkvksa esa mfpr nj dh nqdkuksa ds p;u dk dk;Z fu/kkZfjr le; ds vUnj iwjk gks tk;s o xkao lHkk dh [kqyh cSBd jkLrk es gks tk;sA bldks lqfuf'pr djus ds fy;s ;g lq>ko gS fd ftykf/kdkjh O;ogkfjd jksLVj cuk ys ftlesa xzke iapk;r vf/kdkjh ds lkFk ,d mlls mPp Lrj dk i;Zos{kd vf/kdkjh t:j mifLFkr jgsA^^ 4. The meetings and functions of Gram Sabha are provided under Chapter III of the Panchayat Raj Act, 1947. These functions of Gram Sabha have assumed significance after seventy-third amendment in the Constitution of India. The Gram Panchayats are an empirical unit of democratic self Government recognised in our Constitution, constituted by Gram Sabhas. 5. It is evident from the provisions contained in Section 11 of Panchayat Raj Act, 1947 that the general meetings are to be presided over by the Pradhan and can be convened upon a requisition in writing by the prescribed authority or by not less than 1/5th of the total members. The meeting of a Gram Sabha as per Rule 32 of U.P. Panchayat Raj Rules necessarily requires a notice of at least 15 days before the date of meeting. The allotment of fair price shop on the basis of a resolution passed by the Gaon Sabha is nothing but a pursuit of development programs which include the distribution of essential commodities in the village areas for the people living below poverty line. The supply of essential commodities is the statutory duty of the State under the provision of the Essential Commodities Act, 1956. The establishment of fair price shops by following a democratic process certainly strengthens the democratic values and develops a sense of faith in the process. The district administration cannot be allowed to supervise such meetings callously so as to allow the faith of people shake in the democratic process which consequently may not only generate public distrust but would also lead to disassociate the members of Gram Sabha from achieving its goals in a manner prescribed under law. In this view of the matter, the district authorities are under a bounden duty to measure significance of such meeting with due sense of responsibility keeping in view the wider implications of such meetings instead of having a narrow approach confined to the rights of a licensee. The object of establishment of Public Distribution System so as to facilitate the availability of essential commodities amongst the poor and deprived sections of the society, is yet another dimension of great significance. The village areas have not to be left short of the essential commodities which consequently may result into public disorder. 6. The open meeting of Gram Sabha for allotment of a fair price shop in the village is in the nature of an extraordinary meeting. The village areas have not to be left short of the essential commodities which consequently may result into public disorder. 6. The open meeting of Gram Sabha for allotment of a fair price shop in the village is in the nature of an extraordinary meeting. Such meetings are normally participated by a large number of villagers. The allotment of fair price shop at the grass root level through such a process is to stand the real test of democracy and unless such meetings are held in a disciplined manner, the very faith of public in democratic process and role of majority vote would not get associated and linked to the system. The resolutions passed fairly would add dignity to the process; besides faith and trust at the Gram Sabha level in democratic process shall strengthen; 7. Good governance demands effective implementation of democratic process and the role of district administration must keep pace with the requirement of law. The district authorities must play their role fairly, honestly, devotedly and promptly. The present case offers an instance where the district authorities have left the real dispute unattended by having failed to convene a fresh meeting with due participation of the villagers so as to find out a solution to the issue but on the contrary, the matter has been dragged on by holding the enquiry which is not a substitute of fair resolution. 8. Having regard to the facts and circumstances of the present case, I am of the considered opinion that a fair resolution of the Gram Sabha, would provide a real solution to the dispute at hand and it is expected that all District Magistrates on the occasion of such meetings shall depute an observer while the Gram Pradhan or prescribed authority schedules any such meeting of the Gram Sabha on a specific date. Due publicity of such meetings needs to be made so that the members of village participate in all such meetings. The proceedings of the meeting held on a specific date in presence of the observer in all cases must immediately reach to the Sub Divisional Magistrate for immediate action on the resolution so passed. It is expected that all the District Magistrates shall henceforth ensure that Gram Panchayat meetings for allotment of fair price shops are held fairly and are effectively monitored so as to avoid unnecessary disputes. It is expected that all the District Magistrates shall henceforth ensure that Gram Panchayat meetings for allotment of fair price shops are held fairly and are effectively monitored so as to avoid unnecessary disputes. The meeting in the present case may also be scheduled by the prescribed authority not later than a period of one month and necessary action be taken accordingly. 9. With the above direction, the writ petition is disposed of. 10. Let a copy of this judgement be circulated to all the District Magistrates for necessary action. ———————