PURSHOTAM LAL Vs. PRAKASH CHAND AND ANR.

JUDGEMENT

(1.) THIS petition is directed against the order passed by the learned Judicial Magistrate, 1st Class, Court No. 2, Ghumarwin, District Bliaspur dated 5.5.2010 whereby the appeal filed by the petitioner under Section 67 of the H.P Panchayati Raj Act, 1994 (hereinafter referred to as the 'Act') has been rejected and a fine of Rs. 5/ - imposed upon the appellant for his non -appearance before the Gram Panchayat has been upheld.

(2.) FOR the purpose of this petition, it is not necessary to give all the facts. It would suffice to mention that Parkash Chand, respondent filed a complaint against the present petitioner, Purshotam Lal before the Gram Panchayat, Bhapral, Tehsil Ghumarwin, District Bilaspur. Notice of this complaint filed by the respondent No. 1 was issued to the present petitioner. The petitioner received the notice. He sent a letter to the Panchayat that he is moving an application under Section 43 of the H.P Panchayati Raj Act before the concerned Magistrate for transfer of the case and therefore, further proceedings in the matter be stayed. In fact, such application filed by the petitioner was allowed by the concerned Magistrate but that fact has no relevance to the case.

(3.) SECTION 64 of the Act deals with the situations when the accused fails to appear before the Panchayat. It reads as follows: