PUKHRAJ Vs. UMMAIDRAM

JUDGEMENT

(1.) THIS case has been referred by a Single Judge of this Court to a larger Bench as there is a divergence of Judicial opinion in this Court on the point whether a sarpanch of a Gram Panchayat is or is not removable from his office save by or with the sanction of the State Government.

(2.) THE complainant Pukhraj had filed a complaint against Ummaidram and six others alleging that they had demolished the chabutri and the latrine over it on 12th of February 1958 between 9 and 10 A. M. and that the chabutri was on the land belonging to the complainant and the demolition of the chabutri and latrine had caused to the complainant the loss of Rs. 300/ -. The complaint was for prosecuting the accused under Sections 451,. 427 and 147, I. P. C. Ummaidram accused, took the plea that he was acting as Sarpanch of the Gram Panchayat, bilara, and he had directed the removal of the encroachment in that capacity in good faith. The trial magistrate discharged the accused. In his opinion no prima facie case was made out as Ummaidram acting as Sarpanch was discharging his duty as Sarpanch in widening the street. The learned magistrate further held that in view of Section 79 of the Rajasthan Panchayat Act, 1953, he had not committed any offence. He also held that: the other accused were labourers and were acting under the instructions of Ummaidram and were not liable for any offence.

(3.) A Revision application was filed by Pukhraj against the accused in the Court of the Additional Sessions Judge No. 2, Jodhpur. The learned Additional Sessions judge held that as Ummaid Ram was a Sarpanch who could not be removed except by or with the consent of the State Government, he was entitled to the protection under Section 197, Cri. P. C. The Revision, Application was dismissed by the learned Additional Sessions Judge.