POONMA Vs. GRAIN PANCHAYAT OF KOSELAO

JUDGEMENT

(1.) THIS is an application by Poonma and others under Art. 226 of the Constitution for issue of a writ of mandamus and prohibition and it is prayed that the Gram Panchayat, Koselao, be prohibited from functioning as such. It is further prayed that the Rajasthan Government be prohibited from realizing the fine imposed on the applicants.

(2.) THE case of the applicants is that a body of persons was functioning as Gram Panchayat, Koselao, with Sardarmal Jain as Sarpanch. This Panchayat passed an order on the 3rd of July, 1950 requiring the applicants to remove their fencing from certain baras in their possession on the ground that the land enclosed in the fencing was open space of the village and part of village paths. THEreafter, on the 12th of July, 1950 the Panchayat imposed fines on the applicants on the ground that they had not carried out the order dated 3rd of July, 1950. THEse fines were imposed under sec. 17 (4) of the Marwar Village Panchayats Act, 1950. THE applicants say that they approached the Sub-Divisional Officer, Bali, against the order of the Panchayat but failed to get any redress. THEreafter they moved the Minister incharge in revision. For some time the Minister incharge ordered stay of execution of the said order but later dismissed the revision. THE Tehsildar of Bali then took steps to recover the fines and consequently the present application has been filed.