ZAHEER Vs. STATE

JUDGEMENT

(1.) THE applicants were convicted of offences under Sections 447 and 323, Penal Code, by the panchayati Adalat, Village Para, Police Station Kotwali, District Ghazipur, and were sentenced to pay a fine of Rs. 15/- and Rs. 5/- under the two sections respectively. This order is dated 29-10-1952. The applicants filed a revision in the Court of the Sub-Divisional Magistrate Sadar, ghazipur, which was dismissed by him on 6-7-1953. This writ petition has been moved under article 226 of the Constitution and the only point raised is that Chapter VI of the U. P. Panchayat Raj Act (XXVI of 1947) is 'ultra vires' being in conflict with the provisions of Article 14 of the Constitution.

(2.) THE offences mentioned in Section 52 of the Act are exclusively triable by Panchayati adalats. Section 54 provides for penalties which the Panchayati Adalat can impose. Section 55 bars the cognizance of any case or suit which is cognizable under the Act by a Panchayati Adalat unless an order has been passed by a Sub-Divisional Magistrate or Munsif under Section 85. Section 56 provides that

(3.) LEARNED counsel has urged that this amounts to discrimination. He has argued that if a sub-Divisional Magistrate, Munsif or Sub-Divisional Officer had been given the power under section 85 to transfer the case to the Court of another Panchayati Adalat, he would raise no objection to the validity of the provision, taut inasmuch as for the same type of offence triable by a Panchayati Adalat, if on the ground that there is apprehension of miscarriage of justice the jurisdiction of the Panchayati Adalat is cancelled and the case has to be tried under the ordinary law in the regular Courts having jurisdiction, that procedure being more elaborate amounts to discrimination under Article 14 of the Constitution.