- (1.) THIS is a petition under Article 226 of the Constitution by one Lohare against a decree passed against him by Maharavar Nyaya Panchayat.
(2.) THE validity of the decision has been challenged on the ground that no bench for the trial of the suit was formed as provided under Section 27-B and that the decision was by only two Panchas whereas under Section 27-D the minimum number of Panchas who could form a bencli is three.
(3.) THE relevant provisions of the Rajasthan Panchayat Act, 1953 are these : "section 27-D. Formation of benches of Nyaya Panchayat.- (1) Subjeet to the provisions contained in Section 27-F and to the rules made under Sub-section (2), the Chairman of a Nyaya Panchayat shall, for the hearing and disposal of suits and cases coming up before such Nyaya panchayat under and in pursuance of the provisions of this Chapter, form benches, each bench to consist of any three members whether or not inclusive of the Chairman himself. (2) The formation of benches under Sub-section (1), the hearing of part-heard cases, time and place at which the Nyaya Panchayat shall sit, the conduct of its business, the mode of the disposal of such business, the method of distribution, transfer and retransfer of work among the benches, the procedure to be followed and such other matters as the state Government may consider necessary shall be governed and regulated by rules made in this behalf by the State Government. " "section 27-F. Hearing by members of Nyaya Panchayat.- (1) No member of a Nyaya Panchayat shall hear or dispose of any suit or case arising in the Panchayat circle of the Panchayat which elected him. (4) The trial of a suit or case by a bench of the Nyaya Panchayat shall not be invalid by reason merely that some of the members of that bench were not present at any hearing thereof. " (4) The following rules have been framed under Section 27-D (2) of the Act:- "135. Benches of Nyaya Panchayats how to be formed,- (1) For each panchayat circle constituting a Nyaya circle, the Chairman of the Nyaya panchayat thereof shall form a Bench of the members of such Nyaya panchayat as provided in Sub-section (1) of Section 27-D. (2) The Chairman may direct that any Bench so formed for one panchayat circle shall be deemed to have been so formed also for another Panchayat circle within the same Nyaya circle. (3) The Chairman may also direct that any member of one Bench shall, as from a date to be specified in the direction, act as the member of any other Bench of the same Nyaya Panchayat. ";