GOPI MALAH Vs. BIRNI

JUDGEMENT

(1.) This is an application under Articles 226 and 227 of the Constitution for the issue of a writ in the nature of Pertiorari. The point raised in support of this application involves the true interpretation of Ss. 58 and 59, Bihar Panchayat Raj Act, 1947 (7 of 1948).

(2.) The petitioners were tried by a bench of the Gram Cutchery of Ajgara in the sub-division of Barn constituted under the Bihar Panchayat Raj Act, 1947, and have been convicted under Section 323, Indian Penal Code, and sentenced to pay fines.

(3.) It was argued by Mr. Ramanand Sinha that the order passed by the Gram Cutchery is without jurisdiction, inasmuch as the Gram Cutchery omitted to observe the provisions of Section 58, Panchayat Raj Act before proceeding to try the case.