K.N.Singh, J. - (1.) LAXMI Narain, petitioner No. 1, is member of Gaon Panchayat, Keotra while Ram Das, petitioner No. 2 is member of Gaon Panchayat, Chaprehta in Tahsil Bhognipur, district Kanpur. Both the petitioners were candidates for appointment as Panch of Nyaya Panchayat, Gausganj. The petitioners were, however, not appointed Panches by the District Magistrate, Kanpur; instead other persons were appointed. The petitioners thereupon filed writ petition No. 6543 of 1973 which was allowed by me on January 11, 1974 and the District Magistrate was directed to consider the petitioner's case in accordance with law. Thereafter, the District Magistrate con sidered the matter again. By his order dated October 10, 1974 the District Magistrate held that the petitioner No. 2 Ram Das was not a fit and suitable person for the appointment as a Panch while petitioner No. 1 was not appointed on the ground that his name had not been recommended by the Gaon Panchayat, Keotra. The District Magis trate appointed Gajodhar and Sheo Ram, respondents Nos. 2 and 3 respectively as Panches of the Nyaya Panchayat from Gaon Pancha yat, Keotra and Ram Behari, respondent No. 4 was appointed Panch from Gaon Panchayat, Chaprehta. The petitioners have again ap proached this Court under Article 226 of the Constitution for quash ing the order of the District Magistrate, dated October 10, 1974.
(2.) LEARNED counsel for the petitioner urged that the District Magis trate committed a patent error in law in inviting fresh recommenda tions from the Gaon Panchayats although the two respective Gaon Panchayats had already submitted their unanimous recommendations which was on the file of the District Magistrate. I find force in this contention. In my earlier judgment I had referred at length the cir cumstances under which the Gaon Panchayat of Keotra and Chaprehta were required to send recommendations for appointment of Panches even though those Gaon Panchayats had already forwarded their recommendations to the District Magistrate and in that context I ob served as under: - "Although the proposals were invited as early as June and July, 1972, the appointment of Panches was not made till October, 1973. As already noted the U.P. Act No. Ill of 1973 was published on January 27, 1973. Since the proviso to Section 43 of the Act con ferred power on the District Magistrate to appoint a person, who may not be a member of the Gaon Panchayat, the Director of Panchayat Raj issued a circular letter to all the District Magis trates on February 13, 1973, bringing the amended provision of Section 43 to their notice, a copy of that letter is on the file of the District Magistrate, Kanpur, relating to the appointment of Panches which has been produced by the learned Standing Coun sel. A perusal of that letter dated February 13, 1973, shows that in Paragraph 4 it was stated that if the proposals for appointment of Panches had already been completed then in that case fresh proposals need not be obtained from Panchayats but in case where due to shortage of time or due to any other reason proposals could not be obtained, fresh proposals may be obtained before March 15, 1973, and thereafter, the appointment of Panches be completed after consulting the Advisory Committee. On receipt of that letter the District Magistrate, Kanpur, under some mis apprehension invited fresh proposals from Gaon Sabhas, Chap rehta and Keotra as well as from other Gaon Panchayats, although their proposals had already been received." In view of the above observations it was not open to the District Magistrate to ask for fresh recommendations of the aforesaid two Gaon Panchayats, viz., Keotra and Chaprehta. There is no provision either under the U.P. Panchayat Raj Act or the Rules framed there under to ask for repeated recommendations even though the recom mendations had already been sent by the Panchayats, the reason for inviting the second recommendation was that the District Magistrate on receipt of a letter of the Director of Panchayats erroneously thought that fresh recommendations were necessary to be called. Similarly after my judgment, when the matter was remanded to the District Magistrate, he again committed the same mistake and invited fresh recommendations from the aforesaid two Gaon Panchayats. In the result there were three different recommendations before the District Magistrate made by each of the two Gaon Panchayats. The first re commendation was made by a resolution of the Gaon Panchayat, Keotra, on May 30, 1972, while the second recommendation was made on March 15, 1973 and the third recommendation was made on May 21, 1974. It is interesting to note that that every time the Gaon Pan chayat was required to make recommendations, it made changes in its recommendations with the result the recommendations went on changing from time to time. It is a matter of common knowledge that the group alliance and politics in the village goes on changing, so if repeated recommendations are invited from Gaon Panchayats it will be difficult to ascertain the correct desire and wish of the Gaon Panchayat. The District Magistrate failed to appreciate that in my judgment I had observed that the District Magistrate was not justifi ed in inviting second recommendations when the Gaon Panchayat, ' Keotra, had already recommended the name of petitioner No. ], Laxmi Narain by its resolution dated May 30, 1972. Similarly the District Magistrate was not justified in asking for a fresh recommendation from Gaon Panchayat, Chaprehta after my earlier judgment.
(3.) THE District Magistrate, Kanpur, has observed in his order that since the name of petitioner No. 1 had not been recommended by the Gaon Panchayat, Keotra, he did not consider him suitable for appointment as Panch of the Nyaya Panchayat. The District Magistrate committed a patent error. In my earlier judgment I had clearly recorded a finding that the Gaon Panchayat, Keotra. had un animously resolved to recommend the petitioner No. 1, Laxmi Narain and Sheo Ram for appointment as Panches. Those findings were given by me on a perusal of the original records and proceedings of the Gaon Panchayat relating to appointment of Panches as maintain ed in the office of the District Magistrate.;