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IN THE HIGH COURT OF ALLAHABAD
J. K. Tandon, J.
BALESHWAR SINGH - Appellant
Versus
DISTRICT MAGISTRATE AND COLLECTOR, BANARAS - Respondents
Civil Misc. Writ 2390 Of 1956
Decided On : 05/08/1958
NYAYA PANCHAYAT - Appointment of Nyaya Panches - Disqualification - Moral turpitude - Election of Sarpanch and Sahayak Sarpanch - Validity.
Fact of the Case:
The petitioner challenged the appointment of two Nyaya Panches, Baijnath Singh and Achhaibar Singh, on the grounds that some seats in the Gaon Panchayat were still unfilled, that Achhaibar Singh was illiterate, and that Baijnath Singh had been convicted of an offence involving moral turpitude.
Finding of the Court:
The court found that the District Magistrate had the authority to appoint Nyaya Panches even if some seats in the Gaon Panchayat were unfilled. It also found that Achhaibar Singh was not illiterate and that his conviction under Section 107 Cr. P. C. did not involve moral turpitude. However, the court found that Baijnath Singh's conviction under Section 182 P. C. did involve moral turpitude and that he was therefore disqualified from being appointed as a Nyaya Panch.
Issues: 1. Whether the District Magistrate had the authority to appoint Nyaya Panches even if some seats in the Gaon Panchayat were unfilled. 2. Whether Achhaibar Singh was illiterate and therefore disqualified from being appointed as a Nyaya Panch. 3. Whether Baijnath Singh's conviction under Section 107 Cr. P. C. involved moral turpitude and disqualified him from being appointed as a Nyaya Panch. 4. Whether Baijnath Singh's conviction under Section 182 P. C. involved moral turpitude and disqualified him from being appointed as a Nyaya Panch. 5. Whether the election of Sarpanch and Sahayak Sarpanch could take place before all the Nyaya Panches had been appointed.
Ratio Decidendi: 1. Section 43 of the U. P. Panchayat Raj Act does not require the District Magistrate to wait until all the seats in the Gaon Panchayat have been filled up before appointing Nyaya Panches. 2. Rule 85 of the U. P. Panchayat Raj Rules requires Nyaya Panches to be able to read and write Hindi in Devanagari script correctly. However, the court found that Achhaibar Singh was able to do so and was therefore not illiterate. 3. A conviction under Section 107 Cr. P. C. does not involve moral turpitude. 4. A conviction under Section 182 P. C. involves moral turpitude. 5. Section 44 of the U. P. Panchayat Raj Act requires the offices of Sarpanch and Sahayak Sarpanch to be filled by election within one month from the date on which the appointment of Nyaya Panches is completed. The court found that the appointment of Nyaya Panches had been completed and that there was therefore no bar to the election of Sarpanch and Sahayak Sarpanch.
Final Decision: The court quashed the appointment of Baijnath Singh as Nyaya Panch and declared a vacancy in the office held by him. The court also dismissed the petition in all other respects.
( 1 ) THE Nyaya Panchayat Bathawar, Pergana Berhal, District Benaras, consists of seven Gaon sabhas out of which Bathawar is one. The total membership of the Nyaya Panchayat is fifteen. Two panches have to be appointed each from the Gaon Sabha Bathawar, Daiyapur, Khehara, keshopur, Khuchama and Rewasa and three panches from the Gaon Sabha Sara. Section 43 of the U. P. Panchayat Raj Act requires that the Nyaya Panches of the Nyaya Panchayat shall be appointed out of the persons elected in accordance with Sub-section (6) of Section 12 and section 12-A of the Act. After the last general election held in connection with the constitution of Gaon Panchayat, under the aforesaid provision of the Act, the appointment of Nyaya Panches had to be made. It is alleged that out of the total number of members of the Gaon Panchayat for gaon Sabha Bathawar two seats belonging to scheduled caste still remained to be filled up. Similarly some seats in the Gaon Panchayat of Daryapur had to be filled up by the prescribed authority through nomination. The petitioner claims that the law required the District Magistrate to make appointments as Nyaya Panches only after the Gaon Panchayats have been duly constituted, that is, all the members required to be elected under Section 12 (6) and Section 12-A of the Act have been elected. In view, therefore, of the allegation that some of these seats were still unfilled, the right of the District Magistrate to appoint Nyaya Panches is challenged. Two of the respondents, who are Baijnath Singh and Achhaibar Singh Nos. 3 and 4, have, however, been appointed as Nyaya Panches by the District Magistrate to represent the Gaon Sabha Bathawar. Accordingly, their appointment is challenged as being premature.
( 2 ) THE petitioner has also pointed out that Nyaya Panches are required under Rule 85 of the panchayat Raj Rules to be of 30 years or more of age at the time of their appointment. They should also be able to read and write Hindi in Devanagan script correctly. In the case of achhaibar Singh respondent No. 4, it is said that he does not know how to read and write Hindi correctly, accordingly, he is not qualified to be appointed as a Nyaya Panch. Two of the Nyaya panches appointed to represent Gaon Sabha Sarai are likewise said to be deficient in age qualification. Similar allegations in respect of Nyaya Panches of Gaon Sabha Dariyapur and gaon Sabha Khuchama have been made. It is however, significant that none of these persons whose appointments as Nyaya Panches is challenged on the above ground has been made a party to this petition. As it is, two persons only out of the Nyaya Panches, namely, Baijnath Singh and Acchaibar Singh are respondents being respondents Nos. 3 and 4, consequently allegations against the appointments of other Nyaya panches are therefore of not much significance in this case. They do not otherwise also appear to possess any bearing on the questions necessary for disposing of this petition.
( 3 ) SECTION 5-A (h) of the U. P. Panchayat Raj Act has made provision for disqualification for being chosen or appointed as a Nyaya Panch if the person has been convicted of any offence involving Moral turpitude. It is said that Baijnath Singh respondent No. 3 was so convicted for an offence under Section 182. P. C, and also under Section 107 Cr. P. C. he is, therefore, disqualified for appointment as Nyaya Panch.
( 4 ) APART from this particular objection, the general objection also is urged that the District magistrate has not made the appointment himself but a selection committee appointed by the state Government under a D. O. dated 7-4-1956 has done it which, however, was not authorised under Section 43 of the Panchayat Raj Act.
( 5 ) THE relief claimed by the petitioner accordingly is a writ quashing the appointment of respondents Nos. 3 and 4 as Nyaya Panch and further a writ restraining the respondents Nos. 1 and 2 from holding election for Sarpanch and Sahayak Sarpanch of Nyaya Pa
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