- (1.) All these petitions have been filed aggrieved of the notification dated 28.02.2012 issued by the State Government in the exercise of its powers under Clause 25 of the Rajasthan Food Grains & Other Essential Articles (Regulation of Distribution) Order, 1976 (hereinafter 'the Order of 1976') whereby the exemption earlier granted to the petitioners by resort to Clause 25 of the Order of 1976 from the operation of the proviso to Clause 3(1) of the Order of 1976 has been withdrawn resulting in the cancellation of the authorisation of the petitioners for running fair price shops in view of such authorisation consequently being in the cross hair of the proviso to Clause 3 of the Order of 1976.
(2.) The petitioners in the writ petitions are elected Sarpanch / Ward Members of the Panchayat / Municipal Bodies. During the tenure of their elected office, the petitioners sought exemption from the operation of proviso to Clause 3 of the Order of 1976. For facilitating of reference, Clause 3 is reproduced hereunder :
(3.) Issue of Authorisation :- (1) The Collector or any other officer authorised by the State Government may issue an authorisation to any person being an authorised wholesaler/fair price shopkeeper to obtain and supply foodgrains and other Essential Articles in the area specified therein. Provided that no member of Rajasthan Panchayat Raj Institution or Local Body or any Public Servant shall be granted or entitled to hold or continue to hold any authorisation as an authorised wholesaler / authorised Fair Price Shop Keeper under this Order. (2) No person other than an authorisation holder shall sell any of the foodgrains or any other essential articles supplied by the Government for distribution under this Order or any other Order. (3) Every application for the authorisation shall be submitted to the Collector in Form 'A'. (4) Every authorisation issued under this Order shall be in form 'B'. Explanation : On the commencement of this Order, every person, who was appointed or approved by the Government, or Collector or any other officer authorised in this behalf as authorised wholesaler or authorised fir price shopkeeper or any other similar designation and whose appointment or approval was in force immediately before such commencement shall be deemed to be an authorised wholesaler / Fair Price Shopkeeper for the purpose of this Order upto a period of three months from the date of commencement of this Order, or earlier, in cause authorisation is obtained under this clause. (5) Every authorisation issued under this Order shall also be deemed to be an authorisation for the purpose of Public Distribution System (Control) Order, 2001 and every authorisation holder to whom an authorisation has been issued under this Order shall comply with all the provisions of Public Distribution System (Control) Order, 2001. 3. On the applications made by the petitioners from time to time, the State Government was pleased to invoke its power under Clause 25 of the Order of 1976 and grant exemption to each of the petitioners from the operation of the proviso to Clause 3(1) of the Order of 1976.;