KANDAMURI VENKATASUBBA RAO Vs. VILLAGE PANCHAYAT COURT JINNUR

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution of India praying to issue a writ of Prohibition or other appropriate writ or direction, prohibiting the first respondent from proceeding with the enquiry in respect of C.C. No. 18 of 1959 on the file of the Panchayat Court, Jinnur, Narsapur taluk, West Godavari district. The petitioner and the second respondent are residents of the village of Jinnur, which was constituted as village panchayat under the Madras Village Panchayat Act (X of 1950). That village was also constituted as a Panchayat under the Madras Local Boards Act (XIV of 1920) prior tb the coming into force of Act X of 1950. It is stated in the affidavit filed in support of this petition that the village panchayats constituted under the Act X of 1950 and also under Act XIV of 1920 were functioning as a Panchayat Court for the village since their inception. The second respondent filed a complaint against the petitioner on 29th December, 1959 before the first respondent which is the Village Panchayat Court Jinnur, for the alleged offence punishable under section 323, Indian Penal Code. The first respondent took it on file overruling the objection of the petitionor that it was not invested with criminal jurisdiction. Hence the petitioner filed this writ petition which was first heard by our learned brother, Srinivasachari, J., who thought it desirable that the case be heard by a Bench and hence it came up before us. The objection raised by the petitioner to the jurisdiction of the first respondent to entertain the complaint for an offence under section 323, Indian Penal Code, is based upon section 76 (1) of the Madras Village Courts Act (I of 1889) which is as follows :-

(2.) Section 323, Indian Penal Code, is one of the sections mentioned in clause (a) of this section. It is argued for the petitioner that there is no notification in the District Gazette in the present case under section 76 (1) by the State Government empowering the first respondent-Panchayat Court to take cognizance of and try any of the offences specified in that section and that therefore the first respondent had no jurisdiction to enterain the complaint in the present case. The Madras Village Courts Act (I of 1889) was passed to consolidate and amend the law relating to the Courts of Village Munsifs in the then Presidency of Fort St. George. Section 5 of the said Act defined 'village Court' as the Court of the Village Munsif appointed under section 7 or a Panchayat Court established under section g of the Act. Under section 6, the Provincial Government may, from time to time, by order to be notified in the District Gazette, group two or more villages and establish one village Court for them in lieu of the several village Courts previously existing therein ; or constitute divisions in any village and establish a separate village Court for each of such divisions in lieu of the village Court previously existing in such village ; or establish a new village Court for any specified area. Section 7 of the Act provided that in villages where there are no Panchayat Courts, Village Munsifs shall be appointed by the Collector in the prescribed manner. Section 9 is the section which provides for the constitution of Panchayat Courts, and clause (i) of the said section is as follows :-

(3.) In the Madras Village Courts Act (I of 1889), sections 9-A and 9-B were inserted by section 4 of the Madras Village Courts (Amendment) Act, 1936 (Madras Act II of 1937). Section 9-A provided that where a village Court is established under any of the provisions of section 6 or sub-section (i) of section g in any local area, in lieu of a village Court or Courts having jurisdiction over such area, all suits or civil proceedings pending in such Court or Courts shall be deemed to have been instituted or taken in the Court newly established for such area. Section g-B further provided ; that the provisions of section g-A shall, so far as may be, apply to criminal cases or proceedings pending before a Panchayat Court or Courts in lieu of which a Panchayat, Court is newly established. The Madras Village Panchayats Act (X of 1950) came into force on 1st April, 1951 and it is necessary to refer to section 132 of the said Act. Section 132 (1) provided that notwithstanding anything contained in the Madras Village Courts Act, 1888, every Panchayat constituted under this Act for any area shall be deemed to be a Panchayat Court for that area under section 9(1) of the said Act and sub-section (3) of section 132 is as follows :-