GANGA RAM Vs. GRAM PANCHAYAT

JUDGEMENT

(1.) Whether a Gram Panchayat acting under Section 19 of the Himachal Pradesh Panchayati Raj Act, 1968, performs a judicial function"? is the question which has been raised by the petitioners in C M P (Main) 50 of 1981 and C. M. P. (Main) 63 of 1981.

(2.) It is not necessary to mention the facts in detail at this stage. Suffice it to say that in the former case a Gram Panchayat came to the conclusion that the petitioner has encroached upon a public street and, therefore, directed him to remove the encroachment It appears from the record that the evidence was not properly recorded. The contention of the respondent is that it is not necessary for a Gram Panchayat to record the evidence formally since the Panchayat perfortims adinistrative functions and not judicial functions while acting under Section 19. In the latter case the Grain Panchayat has been insulted by the petitioner. The contention of that petitioner is that since the Gram Panchayat was not performing any judicial functions he cannot be proceeded against under Section 228 read with Section 180 IPC.

(3.) Section 19 of the Himachal Pradesh Panchayati Raj Act (referred to as the Act) falls in Chapter IV of the Act. This Chapter has the heading: "Gram Panchayats -Conduct of Business, Duties, Functions and powers." The marginal heading of Section 19 is : "Power to require removal of encroachments and nuisance". This Section reads :