KARTAR SINGH Vs. GRAM PANCHAYAT SALHANI AND ANR.

JUDGEMENT

(1.) THIS application has been filed by Kartar Singh ex -Sarpanch of village Saihani, Tehsil and District Ferozepur under Section 482 of the Code of Criminal Procedure for quashing proceedings in the complaint filed by Gurcharan Singh, Sarpanch, against him and Gurdey Singh, respondent No. 2 under Section 409, 466, 468, 469, 171 and 120 -B, Indian Penal Code.

(2.) BRIEFLY , the case of the Applicant is that he was the Sarpanch of Gram Panchayat, Saihani, up to the year 1972, when Gurcharan Singh was elected as such. Gurcharan Singh on behalf of the Gram Panchayat filed a complaint under the above -mentioned sections against the Applicant and Respondent No. 2 in the court of the Magistrate. 1st Class Ferozepur, stating that Respondent No. 2 did not execute any work of Panchayat but he in conspiracy with the Applicant submitted to the Panchayat bills pertaining to carriage of bricks, carriage of timber and price of cement -bags. In pursuance of the bills, it is alleged, money was withdrawn from the Panchayat funds and was misappropriated by the Applicant and Respondent No. 2. The Applicant further said that no complaint could be filed against him in view of Sections 104, 105 and 108 of the Punjab Gram Panchayat Act, 1952 (hereinafter referred to as the Act). He consequently prayed that the proceedings before the Magistrate be quashed.

(3.) I have heard the learned Counsel for the parties at considerable length and given thoughtful consideration to the arguments. I, however, regret my inability to accept the contention of the learned Counsel for the Applicant. Sub -section (1) of Section 104 says that no suit or other legal proceedings in a civil or criminal court shall lie against any Panch in respect of any act done by him in good faith under the Act. It is not disputed that the word 'Panch' as used in Sub -section (1) of Section 104 includes a Sarpanch. In that sub -section the words 'good faith' are significant. Sub -section lays down that no action is maintainable against a Sarpanch in civil or criminal court, if he does an act in good faith. In case the act done by him is not in good faith, he is liable to be prosecuted in a criminal court. The question, whether an act is done in good faith or not, is required to be determined by a Court in each case. It is not possible for this Court in these proceedings to determine whether the Applicant made the payment to Respondent No. 2 in good faith or not. The matter shall be decided by the trial court after recording evidence. I, consequently, reject the contention of the learned Counsel for the Applicant.