GRAM PANCHAYAT PONAHANA Vs. JUDICIAL MAGISTRATE PALWAL

JUDGEMENT

(1.) THIS is a petition under Article 227 of the Constitution by Gram Panchayat ponahana of Tehsil Ferozepore Jhirka in Gurgoan district questioning the legality of the order of respondent No. 1 the judicial Magistrate at Palwal transferring proceedings under section 21 of the Punjab Gram Panchayat Act 1952 (Punjab Act 4 of 1953) against respondent 3 Het Lal, from the petitioner-Panchayat to respondent 3 Het Lal from the petitioner-Panchayat to respondent 2 Gram panchayat Panigwan in the same Tehsil. Respondent 1 has made the order under section 21 are not a 'criminal case ' as held by Grover J. , in Mukh Ram v. , Gram panchyat Mullana C W. Np 1074 of 1959 D/- 27-10-1960 (Punj) and that therefore the order of respondent 1 is without jurisdiction. Return to the petition has only been made by respondent 1 and it says that order of transfer of the case was passed after hearing counsel for both the sides and the order made is legal and with jurisdiction because the District Magistrate of Gurgaon delegated his power under section 41 of the Act to him pursuant to sections 74 and 75 of the Act.

(2.) THERE is no substance in the stand of the petitioner-Panchayat that respondent 1 made the order behind it s back for respondent 1 has in the return clearly stated that the counsel for the petitioner-Panchayat was also heard before the order was made. The only other question for consideration is whether the order of respondent 1 is without jurisdiction on the ground as urged in the petition.

(3.) IN Punjab Act 4 of 1953 Chapter III has heading "gram Panchayats Conduct of business duties functions and powers", and it is this chapter that section 21 appears. Sub-section (1) (a) (i)of this section reads thus-