Chief Justice's Court
Case :- WRIT - C No. - 10805 of 2018 Petitioner :- Brahaspati Mani Sharma Respondent :- Indian Oil Corporation Limited And 3 Others Counsel for Petitioner :- Vijay Kumar Dwivedi Counsel for Respondent :- Prakash Padia
Hon'ble Dilip B. Bhosale,Chief Justice Hon'ble Suneet Kumar,J.
Heard Mr. Vijay Kumar Dwivedi, learned counsel for the petitioner and Mr. Prakash Padia, learned counsel for the respondent-Corporation.
By this petition, the petitioner seeks direction to hold fresh draws for distributorship of LPG gas contending that the name of the petitioner and one more candidate were deleted after the first round of online draw for Gramin location. In other words, the petitioner contends that his name was not included in the second round during which names of other participants were sent to draw box. Counsel for the respondent-Corporation has filed a counter affidavit explaining the procedure that was adopted for holding online draw. Paragraphs 4 and 5 of the counter affidavit are relevant, which read thus:
"4. That in reply to the contents of paragraph no. 13 of the writ petition, it is submitted that the names displayed in the online draw for Gramin location Shall (District Mathura) is as given below:
1. Brahaspati Mani Sharma
2. Sanjeev Kumar
3. Baljeet Singh
4. Etc., Etc
5. That the name of Brahaspati Mani Sharma/present petitioner was displayed first for location Shall followed by Sri Sanjeev Kumar and then by Sri Baljeet Singh, etc., etc. In the 2nd part of the online draw for location Shall when the names go inside drop box, both the names at position number 1 and 2 had gone in the draw box but the names were partially hidden due to a small screen that had appeared on top of the names. This was due to clicking of the mouse of Laptop by invited Chief Guest, Sri Ravindra Kumar, Additional District Magistrate (Finance), Mathura. In the 2nd part of the draw, names were displayed for only 2 seconds before going inside the draw box. By the time, the small screen was removed, the first two names had gone inside the draw box. Clear display started from the 3rd candidate i.e. Sri Baljeet Singh."
From perusal of the contents of the above affidavit, it is clear that 49 names including name of the petitioner and one Sanjeev Kumar, were included even at the stage of second round transferring their names to the draw box. We do not find any reason to doubt the submissions made on the affidavit supported with the user manual explaining online draw system. Petition is dismissed.
Order Date :- 30.3.2018 VMA (Dilip B Bhosale, CJ) (Suneet Kumar, J)