EXECUTIVE OFFICER Vs. SURESH BABU

JUDGEMENT

(1.) These two criminal appeals came up before us on reference by one of us (Padmanabhan, J.), in view of the conflicting decisions in P.A. Yoosuf v. Kumaranelloor Panchayat ( 1973 KLT 145 ), K.S. Rajan v. State of Kerala and another ( 1983 KLT 677 ), Criminal Appeal Nos. 230 and 335 of 1986 as well as Criminal Appeal No.256 of 1984 on the question whether prosecution by a panchayat for realisation of amounts due by way of arrears of rent belonging to it is maintainable.

(2.) In both the cases, the concerned Magistrates, following the decision in Yoosuf's case (1973 KLT 145), held that prosecution is not maintainable on the ground that what is involved is only a contractual liability, not coming within the purview of S.74 of the Kerala Panchayats Act. Therefore, the concerned accused were acquitted on that sole ground. These two criminal appeals are by the respective Panchayats.

(3.) The decisions in Yoosuf's case (1973 KLT 145) and Rajan's case (1983 KLT 677) were rendered on original petitions under Art.226 of the Constitution of India. The unreported decisions were pronounced in appeals against acquittals. The first decision followed Yoosuf's case (1973 KLT 145) and held that the prosecution is not maintainable. The decision in Rajan's case (1983 KLT 677) was distinguished. In the decision in Criminal Appeal No.256 of 1984, Rajan's case was followed and Yoosuf's case (1973 KLT 145) was distinguished, on the ground that the relevant provisions were not considered therein.