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MALIK, DESAI, MUKERJI
MATA BHIKH – Appellant
Versus
BAIJ NATH – Respondent
Raghubar Dayal, J.
[1] This is an application under Article 227 of the Constitution. The two applicants were convicted by the Panchayati Adalat of village Anua of offences under Sections 426 and 323, I.P.C. Their revision against that order was rejected by the Sub-Divisional Magistrate as he did not find that any miscarriage of justice had taken place.
[2] It appears that the bench of the Panchayati Adalat which decided this case consisted of seven panches, including Naraindhar, the President of the Adalat. It is contended for the applicants that Section 49, U. P. Panchayat Raj Act, authorises the Sarpanch to form a Bench of five panches from the panel for the trial of every case, and as this Bench consisted of more than five panches, it was not properly constituted and, therefore, had no jurisdiction to decide this case.
[3] It was also contended that the Panches included only one Panch from village Khem Patti, in which village both the complainant and the accused resided, while it should have included two panches from this village in view of Sub-section (2) of Section 49 of the Act.
[4] I am of opinion that this case should be decided by a larger Bench so that it be authorit
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