Untwalia, J. - All the six petitioners have been convicted by Lari Gram Cutchery, district Hazaribagh, under Sections 426 and 153 of the Penal Code. Each of the petitioners 1 and 2 has been sentenced to pay a fine of Rs. 10/- and each of the remaining petitioners 3 to 6 has been sentenced to pay a fine of Rs. 5/-. Each of them has been directed to undergo three days simple imprisonment in default of payment of fine.

2. A complaint was filed by Budhan Sonar, opposite party no. 1, on 28-3-1967. On 4-4-1967, the petitioners appeared before the Gram Cutchery, and as the ORDER :of that date shows, nominated one Mahesh Mahto as a Panch on their behalf in accordance with Section 57 of the Bihar Panchayat Raj Act, 1947, hereinafter referred to as the 'Act', read with Rule 25 of the Bihar Gram Cutchery Rules, 1962, hereinafter referred to as the 'Rules'. I ought to have stated that on the lodging of the complaint, the Sarpanch asked two Panches named in the ORDER :-sheet to make a preliminary enquiry. It was only after the submission of the enquiry report that notices were issued to the petitioners.

3. On 22-4-1967, the complaint was examined. The petitioners were also examined and