SUBH RAM Vs. GRAM PANCHAYAT DHANI PHOGAT

JUDGEMENT

(1.) This petition was admitted by the motion Bench to the Full Bench, as it entertained doubt as to the correctness of the law laid down by a Division Bench in Bachan Singh and Baru v. Gram Panchayat of Village Gurnala, 1977 Pun LJ 192. When this petition came to be listed before a Bench of three Judges, it was brought to the notice of the Bench that a Full Bench of three Judges in Surat Singh v. Punjab State, 1985 Pun LJ 402, by majority, had in principle upheld the law laid down in Bachan Singh and Baru's case (supra), but the Full Bench while hearing the present petition entertained doubt as to the correctness of the law laid down by the Full Bench in Surat Singh's case (supra). The Full Bench then referred the matter to a larger Bench of five Judges and that is how the matter is before us.

(2.) As to whether disobedience of an order passed under S.21 of the Punjab Gram Panchayat Act, 1952 (hereinafter referred to as the Act), is an offence in terms of S.23 of the Act and recurring fine can be imposed in anticipation of subsequent disobedience of the order in terms of the said S.23, is the legal proposition that falls for consideration.

(3.) The nature of the jurisdiction of the Panchayat in terms of Ss.21 and 23 of the Act came up for consideration before Full Bench of this Court in Narain Singh Hira Singh v. The State, AIR 1958 Punj 372, in the wake of the question whether proceedings under Ss.21 and 23 of the Act were of administrative or executive nature and a petition under S.439 of the Code of Criminal Procedure, 1973 or Art.227 of the Constitution of India would or would not lie in the High Court.