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2006 Supreme(All) 1601

YATINDRA SINGH, R.K.RASTOGI
RAM MURAT, ETC. ETC. – Appellant
Versus
COMMISSIONER, AZAMGARH DIVISION, AZAMGARH – Respondent


Advocates:
Counsel :
Ram Ravat, S.K. Singh, S.D. Dubey, Manoj Misra, R.J. Misra, J.P. Gupta, Deepak Jaiswal, Devendra Kumar, D.R. Azad, S.M. Iqbal, Irshad Ali, Rajendra Singh, Ms. Sufia Saba and Ms. Jyoti Bhushan for the Petitioner; Anju Kumar, V.K. Singh, Deepak Jaiswal, Gulab Chand and S.C. for the Respondents.

JUDGMENT

Hon’ble R.K. Rastogi, J.—The petitioners in all these 32 writ petitions were licensees of the fair price shops. Their licences have been cancelled on the ground that either they themselves or their wives or other family members had been elected as Pradhan of the Gaon Sabha. In writ petition No. 12850 of 2003 the wife of the petitioner was elected as Pradhan in the year 2000 and so his licence was cancelled on 26.10.02. In writ petition No. 16070 of 2006 the wife of the petitioner was elected as Pradhan in the year 2000 and re-elected in 2005, and so his licence was cancelled on 17.8.2000. Thereafter his representation was also rejected on 27.12.05. In the remaining writ petitions the petitioners or their family members became Pradhan in the election held in the year 2005. A chart showing the date of elections, the relationship of the Pradhan with the petitioners as well as the date of cancellation orders is as follows:

S.No. W.P. No. Election date Relationship Cancellation

1. 12850/03 25.6.2000 Wife 26.10.02

2. 722532/05 Sept.2005 Wife 20.9.05

3. 73380/05 2005 Wife alleged to be 28.9.05 divorced on 17.10.03

4. 76585/05 7.9.2005 Self 19.9.05

5. 77294/05 28.8.05 Son 26.



























































































































































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