Court No. - 26
Case :- WRIT - C No. - 10981 of 2018 Petitioner :- Gyasuddin Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Siddhartha Srivastava,Pradeep Kumar Counsel for Respondent :- C.S.C.,Tariq Maqbool Khan
Hon'ble Mrs. Sangeeta Chandra,J.
(ORAL) This writ petition has been filed by the petitioner challenging the order dated 24.02.2018 passed by the Sub Divisional Magistrate, Kaptanganj, district Kushinagar, by which the Licensing Authority after observing that in the open general meeting of the Gram Sabha Pachar, the names of three candidates were considered. Gyasuddin, the petitioner and Satendra Pratap Singh, the candidates were listed at serial nos. 1 and 2 of the panel. Criminal case has been lodged against both the petitioner Gyasuddin and Satendra Pratap Singh under various sections of the Indian Penal Code as per the report of the police station, Kaptanganj. Later on, in the report submitted by the police for Satendra Pratap Singh of his naming in the FIR in Case Crime No. 838 of 2010 was found to have been incorrectly made.
The Licensing Authority has referred to the Government Order dated 17.08.2002 and come to a conclusion that the proposal made in favour of Gyasuddin, son of Sarafuddin Ansari cannot be accepted as Gyasuddin is facing criminal trial and the proposal of the Gram Sabha has been rejected.
It has been submitted by the learned counsel for the petitioner that in the trial said to be pending against the petitioner, an acquittal order has been passed by the learned Civil Judge (Junior Division)/Judicial Magistrate, Kasya, Kushinagar on 21.03.2018 and a copy of the said acquittal order has been filed by him along with his supplementary affidavit dated 28.03.2018.
It is evident that at the time when the proposal of the Gram Sabha was rejected by the Licensing Authority on 24.02.2018, the petitioner was still facing the trial and has been acquitted only thereafter. As such, in the facts and circumstances of the case, there cannot be said to be any legal or factual infirmity in the order dated 24.02.2018.
However, looking into the fact that in the impugned order itself, mention has been made that it is only a proposal of the Gram Sabha, which has been rejected. A fresh open general meeting of the Gram Sabha concerned can be held and if the petitioner manages to secure the Recommendation in his favour by the majority of the villagers of the village in question, his case shall be considered in accordance with law keeping in mind that he has already been acquitted.
Let a fresh open general meeting of the Gram Sabha concerned be held after regular circulation of agenda and in accordance with provision of U.P. Panchayat Raj Rules 1947, a Resolution may thereafter be placed before the Tehsil Level Selection Committee to be decided strictly in accordance with law.
The writ petition is disposed of.
Order Date :- 30.3.2018 Sazia