Court No. - 45
Case :- WRIT - C No. - 20577 of 2018 Petitioner :- Sadanand Kushwaha Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Vishal Tandon Counsel for Respondent :- C.S.C.,Tariq Maqbool Khan
Hon'ble Ajay Bhanot,J.
A meeting of the village panchayat Hirnahi (Khalwa Tola), District Kushinagar was called by the village pradhan of the aforesaid village panchayat for considering the appointment of an additional fair price shop dealer and to pass a resolution thereon. The notice calling the meeting restricted the participation of the members of the village panchayat. It invited only the villagers of ward no. 1 to ward no. 8 and the rest of the villagers of other blocks were ignored. On the basis of this restricted invitation and selective participation, a resolution was passed on 09.05.2018 purportedly by the said village panchayat.
The submission of Sri Vishal Tandon, learned counsel for the petitioner is that there are 15 wards in the aforesaid village panchayat. By restricting the participation of the members to only few wards, the meeting ceases to be an open meeting of the village panchayat.The villagers of the rest of the wards could not participate in the meeting.
The resolution dated 09.05.2018 passed in such meeting is not a valid resolution. The resolution is illegal. The resolution dated 09.05.2018 is quashed. All consequential actions are also set aside. The authorities concerned are directed to pass a fresh resolution in accordance with law within a period of six weeks from the date of receipt of certified copy of this order.
The writ petition is allowed. Order Date :- 30.5.2018 Pratima