Allowed

Shashikant Soni v. the State of Madhya Pradesh

Madhya Pradesh HC11 May 2022WP/7516/2022

Case brief

AI extract

What is this about?

Writ petitioner challenged the dissolution of a Street Vending Committee due to a member facing an FIR and another declining to act. The Court held the order unsustainable, ruling that the Committee must continue and a vacancy be filled under Rule 9.

What did the court decide?

Impugned order dated 15.3.2022 quashed; Respondent directed to comply with Rule 9 of the 2014 Rules and pass appropriate orders expeditiously.

Shashikant Soni Vs the State of Madhya Pradesh — Writ and Judicial Review | Madhya Pradesh HC (2022)

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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR

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BEFORE

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HON'BLE SHRI JUSTICE RAVI MALIMATH, CHIEF JUSTICE

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HON'BLE SHRI JUSTICE PURUSHAINDRA KUMAR KAURAV ON THE 11^th OF MAY, 2022

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WRIT PETITION No. 7516 of 2022

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Between:-

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SHASHIKANT SONI S/O SHRI SEETARAM SONI, AGED ABOUT 47 YEARS, OCCUPATION: BUSINESSMAN, R/O 1432 LAL KUAN, LITTLE NURSERY SCHOOL, HANUMAN TAL WARD, DISTRICT JABALPUR (MADHYA PRADESH)

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.....PETITIONER

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(BY SHRI ALOK VAGRECHA AND SHRI DEEPAK TIWARI - ADVOCATES)

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AND

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1. THE STATE OF MADHYA PRADESH THROUGH ITS PRINCIPAL SECRETARY, URBAN ADMINISTRATION AND DEVELOPMENT DEPARTMENT, VALLABH BHAWAN, BHOPAL (MADHYA PRADESH)

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2. COMMISSIONER, NAGAR PALIK NIGAM, JABALPUR (MADHYA PRADESH)

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.....RESPONDENTS

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(BY SHRI H.S. RUPRAH - ADDITIONAL ADVOCATE GENERAL)

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This petition coming on for admission this day, Hon'ble Shri Justice Ravi Malimath, Chief Justice passed the following:

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ORDER

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The case of the petitioner is that the State of Madhya Pradesh has enacted the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014. In terms of Section 36, the State Government is empowered to make Rules for the effective implementation. Accordingly, the

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Rules have been made which are known as the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Rules, 2014 (for short "the Rules of 2014") dated 24.04.2017 (Annexure-P/1) and various members were appointed. In terms of the impugned order, the entire Committee has been dissolved on the ground that one of the members is facing an F.I.R. and one member is not willing to participate in the Committee. Therefore, the entire Committee has been dissolved by the respondent No.2. Questioning the same, the instant petition is filed.

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Learned counsel for the petitioner contends that if any member is disabled then the provisions as applicable under Rule 9 of the Rules of 2014 are to be complied with which pertain to filling up of a vacancy. Therefore, since a vacancy has admittedly arisen, the respondents have no authority to dissolve the entire Committee. The Committee cannot be dissolved only because some of the members cannot participate for whatever reason.

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On considering the contentions, we are of the view that the impugned order is unsustainable. Only because one or two members of the Committee are disabled or otherwise to act as members of the Committee, the Committee cannot be dissolved. The Committee requires to be continued. The provisions of Rule 9 of the Rules of 2014 clearly cover the situation where one of the members becomes disabled or otherwise. Since in the instant case, an FIR has been lodged against one member and another member has declined to act as a member, the necessary procedure as contemplated under Rule 9 of the Rules of 2014 has to be followed. There is no power vested to dissolve the Committee, therefore, the impugned order becomes unsustainable.

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Consequently, the impugned communication dated 15.3.2022 (Annexure-

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P/3) is quashed. The respondent No.2 is directed to comply with the provisions of Rule 9 of the Rules of 2014 and pass appropriate orders in accordance with

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law as expeditiously as possible.

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Accordingly, the writ petition is allowed.

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(RAVI MALIMATH) CHIEF JUSTICE

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(PURUSHAINDRA KUMAR KAURAV) JUDGE

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Nitesh

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NITESH PANDEY 2022.05.12 20:50:55 +05'30'