- (1.) THIS is an application under Article 227 of the Constitution for an appropriate order Setting aside a conviction by the Panchayati Adalat of Mohabbatpur. The complainant was one Sonpal, resident of village Jonthri which is situate within the jurisdiction of the Gaon Sabha mohabbatpur Labhna. He filed a complaint before the Panchayati Adalat Deohli against three persons, Mohar Singh, Pokhu and Badnu, also residents of the same village. The charges were under Sections 323 and 447, Penal Code. The Sarpanch constituted a bench of five Panches, of whom only one belonged to Gaon Sabha Mohabbatpur Labhna while (he other four belonged to some other Gaon Sabha or Gaon Sabhas. The Panchayati Adalat convicted the three accused under Sections 323 and 447, Penal Code and imposed fines of Rs. 80/- and Rs. 70/- respectively on each of them. There was a revision application filed before the Sub-Divisional Magistrate under Section 85, U. P. Panchayat Raj Act, but the revision was dismissed and this writ application has been made against that order.
(2.) THE case came before a learned single Judge, but by reason of some difference of opinion he referred it to a Division Bench for decision. We are concerned in this case mainly with two questions whether the Panchayati Adalat was properly constituted and had, therefore, the jurisdiction to convict the accused persons, and whether the fines imposed were within the limits laid down by law.
(3.) THE first point arises in this way. Section 49/ (l) U. P. Panchayat Raj Act (Act No. 26 of 1947)provides that "the Sarpanch shall, for the trial of every case, suit or proceeding, form, a bench of five panches from the panel; provided that at least one of the panches shall be a person who is able to record evidence and proceedings. " sub-section (2) is as follows : "every such Bench shall include one Panch who resides in the area of the Gaon Sabha in which the plaintiff of a suit or proceeding or the complainant of a case resides and likewise one Panch residing in the area of the Gaon Sabha in which the defendant or the accused resides, and three panches residing in the area of the Gaon Sabha in which neither party resides;. . . . . ";