SUO MOTU Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is a matter which deals with criminals in politics at the grassroot level. The State Government had been directed by the Court to place a list of Mukhiyas who may have been convicted of an offence, or for that matter, were inherently disqualified under law so as not to be the members of Panchayats, information being given to the Court is coming slowly. This aspect the Court will leave for later.

(2.) SOONER or later the question will arise that if there be information, as a fact, that certain members of Panchayats have indeed been convicted, then, what is to be done. Plainly, this is a matter where a member of a Panchayat may be disqualified for being part of it. Does the Constitution of India give any guidance on such situations? It does. As amended, Part IX, the Chapter. The Panchayat, Art. 243 -F does mention disqualification for membership. This Article also casts an obligation on the State Government that the law must provide for taking care of such situations. The next question is has the law so framed by the State Legislature provided for such a situation? The answer is it has. Sub -sec. (2) of sec. 139 under the sub -head "Disqualification" clearly mentions that if there be an occasion that a member of Panchayat at any level has become subject to any of the disqualifications mentioned in the Section, the question shall be referred for the decision by such authority and in such manner as the Government may by law provide. Below, the Court is reproducing Sub -clause (2) of Art. 243 -F and Sub -sec. (2) of sec. 139. of the Bihar Panchayat Raj Act, 1993 side by side. It is clear to the naked eye that Sub -sec. (2) of sec. 139 has been lifted from Article 243 -F of the Constitution of India: -F(2) of the Constitution of India., sec. 139(2) of the Bihar Panchayat Raj Act, 1993. any question arises as to whether a member of a Panchayat has become subject to any of the question shall be referred for the decision of such authority and in such a manner as the Legislature of a State may, by law, provide. If any question arises as to whether a member of a Panchayat at any level has become subject to any of the question shall be referred for the decision of such authority and in such manner as the Government may by law provide.

(3.) SEC . 138 refers to qualification for membership of a Panchayat. Prima facie, any person whose name is in the list of voters, of any Panchayat constituency, shall be qualified to be elected as a member or office bearer of the Panchayat. But, this qualification has been qualified by the Act with a rider. The rider is "unless disqualified under this Act or under any other law for the time being in force. "The disqualification part is referred to in Sub -sec. (1) of sec. 139.