Sinha, J. - (1.) This is an application which challenges the findings of a Union Bench appointed under the Bengal Village Self-Government Act of 1919, for the trial of offences specified in schedule 4 of the said Act. The particular trial which is the subject-matter of this application, commenced on the 15th November, 1950, and ended on the 24th February, 1952. By its order dated the 24th February, 1952, the Union Bench held the petitioners guilty and convicted them under sections 504 and 379 of the Indian Penal Code, and sentenced each of them to pay a fine of Rs. 5, in default to suffer rigorous imprisonment for seven days. It is further ordered that out of the money if realised, a sum of Rs. 5 should be paid to the complainant who is Respondent No. 5.
(2.) It appears that there was an appeal against the order to the Sub-divisional Magistrate, Diamond Harbour. who rejected the appeal. Various points have been taken in this application including a constitutional point, namely, that the Village Self-Government Act itself is void as infringing the provisions of Art. 14 of the Constitution. It is, however, un-necessary for me to go into the constitutional question, because the application may be disposed of on a very short point. According to rules framed under the Village Self-Government Act, two members of the Bench form a quorum (Rule 6). Every order passed by the Bench shall be recorded in the Register of Cases and shall be signed by each member of the Bench engaged in hearing the case (Rule 22). The procedure adopted in this case was this:-
(3.) The case commenced on the 15th November, 1950, and the Bench consisted of only one gentleman by the name of Barendra Nath Maity. On the 22nd November, 1950, the record shows that the plea of the accused was taken (he having taken the plea of not guilty) and bail was granted, but on that date only one member of the Bench was present. It is said in the affidavit of Kirtibash Dinda that the President was also present on that date, but he was too ill to sign. I am unable to accept this evidence. In my event, there is the signature of only one member of the Bench, whereas if two members were present, signatures of both the members were necessary. On the 6th December, 1950, only one member was present although further bail was granted. On the 31st January, 1951, one of the members of the Bench, namely, the President died, and another President came in. The record shows that only one member continued to pass orders and sign the records until December, 1951, when the new President and Kirtibash Dinda began signing the records. On the 16th January, 1952, evidence commenced and was heard by two members, Jatish Chandra Bar and Kirtibash Dinda. On the 24th February, 1952, judgment was delivered by three members Jatish Chandra Bar as President and Priya Nath Das and Kirtibash Dinda as the other members of the Bench.;