MATHURALAL Vs. CHIEF PANCHAYAT OFFICER RAJASTHAN

JUDGEMENT

(1.) THIS is a petition under Art. 227 of the Constitution. One Chaulal son of Laxminarain instituted a suit against Kajodilal in the court of Oram Panchayat Board Jhirana, Tehsil Tonk on the allegations that Kajodilal had wrongfully encorached upon his land and had constructed a parinda and a stair case on it. It was also stated that Chaulal wanted to make certain constructions of his own on the encroached land, but was prevented form doing so by Kajodilal. It was prayed that the matter be decided by the Panchayat, Kajodilal objected to the jurisdiction of the Gram Panchayat to deal with matters concerning land and immovable property and also raised certain pleas in defence. The Gram Panchayat by an order dated the 23rd of December, 1951 directed Kajodilal to remove the parinda and the staircase and permitted Chaulal to construct a chabutra at the said place. They also directed Chaulal to remove the debris which had accumulated in the open land. The order was said to have been passed under powers conferred on the Panchayat by sec. 24 of the United Stated of Rajasthan Panchayat Raj Ordinance No. 79 of 1948.

(2.) ON the 22nd of March, 1952 Kajodilal made an application to the Gram Panchayat drawing attention of the Panchayat that the debris had not been removed by Chaulal and that he should be compelled to remove it. The sarpanch passed an order that the site will be inspected on the next day. The Sarpanch inspected the site on the next day and it is alleged that Chaulal and his brother Mathura Lal showered abuses on the Sarpanch when the site was inspected. The Panchayat gave notice to Mathuralal and Chaulal to show cause why they should not be punished for an offence under sec. 228 of the Indian Penal Code. They denied having committed any offence, but the Panchayat by an order dated the 18th of May, 1952 held the accused Mathuralal and Chaulal guilty of having intentionally insulted the Sarpanch while acting in a judicial proceeding and sentenced them to pay a fine of Rs. 50/- each. Chaulal and Mathuralal approached the Chief Panchayat Officer for setting aside the order. The order of conviction was maintained, but the fine was reduced to Rs. 24/- each. Mathuralal and Chaulal have now come to this court and it is contended that the entire proceedings were without jurisdiction for obviously the Sarpanch was not acting in a judicial capacity while inspecting the site. We sent for the file of the Gram Panchayat Jhirana and are satisfied that the contention is correct. The application of Kajodilal was on the face of it under sec. 24 of the United State of Rajasthan Panchayat Raj Ordinance. That section relates to the executive powers of the Panchayat and does not relate to the judicial powers. If the application of Kajodilal be considered to be for execution of the order previously passed by the Panchayat on the 23rd of December, 1951, it is further clear that the previous order was also not passed in any judicial capacity. The jurisdiction of the Gram Panchayat did not extend to decide matters relating to immovable property. That kind of suits were expressly excluded from the jurisdiction of the Panchayat by second proviso to sec. 39 of the Ordinance. The Panchayat Board also did not purport to decide the previous suit, but preferred to act under sec. 24 of the Ordinance by specifically mentioning that section in its order. The Sarpanch was, there-fore, not acting in a judicial capacity when the went to see the site and the provisions of sec. 228 of the Indian Penal Code were therefore,not attracted even assuming that any insult or interruption was caused to the said Sarpanch while he was inspecting the site.