GONI MAHTON Vs. EMPEROR

JUDGEMENT

(1.) The first question that arises on this application is whether this Court has power to revise the proceedings of a panchayat under the Bihar and Orissa Village Administration Act, 1922. Under Section 435, Criminal P.C., this Court has power to call for the records of all inferior criminal Courts situate within its local jurisdiction and to revise the orders of such Courts. Section 6 of the Code provides: Besides the High Courts and the Courts constituted under any other law than this Code for the time being in force, there shall be five classes of criminal Courts in British India, namely, Courts of Session, Presidency Magistrate and Magistrates of the first, second and third class.

(2.) The question is, whether a panchayat is a Court constituted under any other law within the meaning of Section 6. Under Section 6, Village Administration Act, the local Government; is empowerd, in any area in which a Union Board has been constituted, to direct the members of the Union Board to elect from among their own number three or more persons to be, during their term of office as members of such Union Board, a panchayat.

(3.) Under Section 7, the local Government 13 empowered to direct that a panchayat shall be established even where no Union has been constituted. By Section 58(1) of the Act it is declared that a panchayat constituted under Section 6 or Section 7 shall have jurisdiction with that of the criminal Court within the local limits of whose jurisdiction the panchayat circle is situated to take cognizance of and to try the offences specified in that Sub-section. Sub-section (2) of the same section authorizes certain Magistrates to transfer to a panchayat for trial certain offences not specified in Sub-section (1). Section 56 enables the local Government to empower panchayats with jurisdiction in certain other offences. Civil jurisdiction is conferred on panchayats by Section 57 and the following sections. A case or suit before a panchayat is required by Section 64 of the Act to be instituted by petition made orally or in writing.