BALIA, J. - (1.) HEARD learned counsel for the appellant.
(2.) THE petition has been filed by one of the committee constituted by the Gram Sabha against Gram Panchayat for not accepting the recommendations made by it and seeking a mandamus for giving effect to the recommendation made by it. The petition has been dismissed by the learned Single Judge that the committee is not a registered society and therefore, the petition by committee is not maintainable. Learned counsel for the appellant has urged that petition was not filed as a society, but it was a statutory committee constituted under the Panchayat Raj Act and therefore, it has statutory existence and it can sue and can be sued in its name. We are unable to sustain the plea. The juristic personality is vested in the Gram Panchayat and not every limb or manifestation through which Gram Panchayat discharges its functions as a local authority or a local self govt. The constitution of committee by any local authority or corporate cell is only for the purpose of expedient discharge of the functions of the juristic person. Discharging of any of the functions of the juristic person is by human agency, whether as an individual or collectively in the form of executive committee. Board of Director, of sub-committee, by whatever name called. But, such functioning by such human agency does not clothe it with status of juristic person or a body corporate which can be recognised as a person who can act on its own, independent of the juristic person or corporate soul by its committee, by itself does not give it the status of juristic person and such agency cannot sue and be sued in its own name. It cannot claim different status from the authority for whom it is functioning. Moreover, a committee constituted under the provisions of Panchayati Raj Act, is only to assist the panchayati raj institution in discharge of its function. It does not acquire an over-riding status so as to seek a writ of mandamus against Gram Panchayat to accept its decision. A committee by itself does not enjoy authority to act on its own and take decision in its own name.
(3.) THEREFORE, the appeal has no merit and it is hereby dismissed in limine. .;