Byas Gupta vs State Of U P And 5 Others
2018 Latest Caselaw 2796 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 2
 
Case :- WRIT - C No. - 32385 of 2018
 
Petitioner :- Byas Gupta
 
Respondent :- State Of U P And 5 Others
 
Counsel for Petitioner :- Pulak Ganguly
 
Counsel for Respondent :- C.S.C.,Tariq Maqbool Khan
 

 
Hon'ble Dr. Kaushal Jayendra Thaker,J.

The objection raised by Sri Tariq Maqbool Khan, learned counsel for respondents is that the Authorities have decided to hold the open meeting in pursuance to the order of this High Court dated 29.5.2018. The petitioner is aggrieved by the interpretation of the said order.

Sri Satish Kumar Mishra, learned Advocate appears for caveator who is the original complainant and also the subsequent person who had lost the election is now aggrieved.

Be that as it may be the order impugned is nothing else but in colourable exercise of power, the order is passed at the behest of the complainant who has lost the election. The High Court had directed the Authority to appoint fair price shop dealer not by open meeting as it was grievance of petitioner that he was not appointed though he had won in the election. If the petitioner wanted open meeting, he would not have come to this High Court rather the caveator would have approached the High Court.

The State, Caveator, Gram Sabha and Gram Pradhan shall file their reply on or before 22nd October, 2018 and no such fresh meeting shall be held till then.

However, if the respondents feels that the order of High Court passed in Writ C No. 20235 of 2018 ( Byas Gupta Vs. State of U.P. and 6 others) decided on 29.5.2018 has to be given effect, they shall redecide the issue on petitioner's suitability.

List on 1st November, 2018.

Order Date :- 25.9.2018/Mukesh