LAXMI NARIAIN Vs. DISTRICT MAGISTRATE KANPUR

JUDGEMENT

(1.) LAXMI Narain, petitioner No. 1, is member of Gaon Panchayat, Keotra while Ram Das, petitioner No. 2 is member of Gaon Panchayat, Chaprehta in Tahsil Bhognipur, district Kanpur. Both the petitioners were candidates for appointment as Panch of Nyaya Panchayat, Gausganj. The petitioners were, however, not appointed Panches by the District Magistrate, Kanpur; instead other persons were appointed. The petitioners thereupon filed writ petition No. 6543 of 1973 which was allowed by me on January 11, 1974 and the District Magistrate was directed to consider the petitioner's case in accordance with law. Thereafter, the District Magistrate con sidered the matter again. By his order dated October 10, 1974 the District Magistrate held that the petitioner No. 2 Ram Das was not a fit and suitable person for the appointment as a Panch while petitioner No. 1 was not appointed on the ground that his name had not been recommended by the Gaon Panchayat, Keotra. The District Magis trate appointed Gajodhar and Sheo Ram, respondents Nos. 2 and 3 respectively as Panches of the Nyaya Panchayat from Gaon Pancha yat, Keotra and Ram Behari, respondent No. 4 was appointed Panch from Gaon Panchayat, Chaprehta. The petitioners have again ap proached this Court under Article 226 of the Constitution for quash ing the order of the District Magistrate, dated October 10, 1974.

(2.) LEARNED counsel for the petitioner urged that the District Magis trate committed a patent error in law in inviting fresh recommenda tions from the Gaon Panchayats although the two respective Gaon Panchayats had already submitted their unanimous recommendations which was on the file of the District Magistrate. I find force in this contention. In my earlier judgment I had referred at length the cir cumstances under which the Gaon Panchayat of Keotra and Chaprehta were required to send recommendations for appointment of Panches even though those Gaon Panchayats had already forwarded their recommendations to the District Magistrate and in that context I ob served as under: -

(3.) THE District Magistrate, Kanpur, has observed in his order that since the name of petitioner No. 1 had not been recommended by the Gaon Panchayat, Keotra, he did not consider him suitable for appointment as Panch of the Nyaya Panchayat. The District Magistrate committed a patent error. In my earlier judgment I had clearly recorded a finding that the Gaon Panchayat, Keotra. had un animously resolved to recommend the petitioner No. 1, Laxmi Narain and Sheo Ram for appointment as Panches. Those findings were given by me on a perusal of the original records and proceedings of the Gaon Panchayat relating to appointment of Panches as maintain ed in the office of the District Magistrate.