ORDER

Rafiq, C.J. -- 1. This matter has come up before the Division Bench upon a reference made by the learned Single Judge vide order dated 19.7.2021, who, thereby expressing disagreement with earlier Single Bench judgment of this Court in Writ Petition No.13958/2016 (Suresh Patel v. State of Madhya Pradesh and another) dated 31.3.2017, has referred the following question to be answered by the Division Bench:-

“Whether action for prosecution is mandatory if deviation is more than 10% of monthly quota and only discretionary if deviation is less than 10% of monthly quota or there shall not be any prosecution if deviation is less than 10% of monthly quota?”

2. Shorn of unnecessary details, the brief facts of the case are that petitioner No.1 Nagendra Singh is a salesman of Fair Price Shop, Chhathi Bamhori and petitioner No.2 Dharmendra Singh alias Gattu Singh is an agriculturist and ex-member of Janpad Panchayat, Lavkushnagar, Ward No.22, District Chhatarpur, who was at the relevant point of time holding the post of Chairman of Block Jal Samwardhan Samiti, Lavkushnagar, the Fair Price Shop Licensee. According to the petitioners, a false complaint was made by political rivals of petit