HARI SINGH CHILWAL Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) THE petitioner is a duly elected "Sarpanch" of Forest Panchayat Badon in District Nainital. The petitioner has challenged the order dated 12th September, 2006, which has been passed by the Sub Divisional Magistrate, Dhari (Nainital), according to which Forest Panchayat Badon was constituted on 24.7.2006 and consequently there was a report of the Tehsildar, who had informed the S.D.M., Dhari that six out of nine members of this committee, who are called 'Panch', are not satisfied with the work of the 'Sarpanch' and consequently, they have resigned. As such, the S.D.M. Dhari was of the opinion that new elections of the management committee be constituted and vide the said letter dated 12th September, 2006, he has given his permission to hold new election of the committee of this Forest Panchayat Badon. The petitioner has challenged the validity, legality and propriety of this order. Vide an interim order dated 29.9.2006, the said order was stayed. The writ petition is now itself being disposed of finally.

(2.) CERTAIN relevant provisions of the Indian Forest Act, 1927 (from hereinafter referred to as the Act) and the Rules framed therein known as Uttaranchal Panchayati Forest Rules, 2005 (from hereinafter referred to as the Rules) would be necessary. Under Chapter III Section 28 of the Indian Forest Act, 1927, there is a provision for formation of a village forest and the committee of management of such Village Forest. Section 28 of the Act reads as follows:

(3.) THE powers of the Management Committee are given under Rule 20 of the Rules, which reads as follows: