LAWS(GJH)-2017-6-50

SHAMJIBHAI HIRABHAI PARMAR Vs. STATE OF GUJARAT

Decided On June 21, 2017
Shamjibhai Hirabhai Parmar Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) These applications have been preferred by the applicants with a prayer to enlarge them on temporary bail for different reasons as stated in the respective applications. We have considered it appropriate to pass a consolidated order in the present applications, though the facts would be dealt with separately, for the reason that in each of these applications, we find a recommendatory certificate of the Sarpanch of the concerned Gram Panchayat attached as an annexure. The tone and tenor of these certificates is that the convict may be released on bail for the purpose stated in the application.

(2.) The issuance of such a certificate by a Sarpanch of a Gram Panchayat, clearly does not fall within the purview of the executive functions of a Sarpanch, as laid down in Section55 of the Gujarat Panchayats Act, 1993. The duties and functions of a Sarpanch are meticulously delineated in the said provision and no Sarpanch can assume upon himself, or herself, the authority to perform any other role in his, or her, capacity as a Sarpanch, other than what is stated in the Statute. Subsection (2) of Section55, which lays down the duties of a Sarpanch is reproduced hereinbelow :

(3.) The above are the functions and duties of a Sarpanch, which clearly do not include the issuance of certificates recommending the enlargement of convicts on temporary bail, for any reason whatsoever, in the official capacity as a Sarpanch.