LAWS(MPH)-2007-1-60

SHASINDRA KUMAR MISHRA Vs. STATE OF M. P.

Decided On January 18, 2007
Shasindra Kumar Mishra Appellant
V/S
STATE OF M. P. Respondents

JUDGEMENT

(1.) BY this petition under Articles 226 and 227 of the Constitution of India, the petitioner is seeking following reliefs : -

(2.) THE case of petitioner is that he is a Law Graduate; practicing Advocate and is resident of village Matondha Choban which is within the Circle Tatam. The State Government has established Gram Nyayalaya throughout the State of M.P. In village Tatam a Gram Nyayalaya has been established. Under section 5 of the M.P. Gram Nyayalaya Adhiniyam, 1996 (hereinafter referred to as 'the Adhiniyam') Constitution of Gram Nyayalaya has been mentioned and section 6 of the said Adhiniyam speaks about the qualification for membership of Gram Nyayalaya. Under this section no person shall be eligible for nomination as a member of Gram Nyayalaya unless he.- (a) has compelted the age of 45 years on the date of nomination; (b) is ordinarily resident of the circle for which such Gram Nyayalaya is established; and (c) has passed fifth standard in case of woman and members belonging to Scheduled Castes and Scheduled Tribes and Matriculation in case of others.

(3.) SECTION 2 of the said Adhiniyam envisages definitions and "law knowing person" has been defined in Clause (i) which would mean that either a Law Graduate or a person having some elementary knowledge or experience in legal matters.