9911796707
TMI Blog1958 (5) TMI 41X X X X Extracts X X X X X X X X Extracts X X X X ..... n the Gaon Panchayat of Daryapur had to be filled up by the prescribed authority through nomination. The petitioner claims that the law required the District Magistrate to make appointments as Nyaya Panches only after the Gaon Panchayats have been duly constituted, that is, all the members required to be elected under Section 12(6) and Section 12-A of the Act have been elected. In view, therefore, of the allegation that some of these seats were still unfilled, the right of the District Magistrate to appoint Nyaya Panches is challenged. Two of the respondents, who are Baijnath Singh and Achhaibar Singh Nos. 3 and 4, have, however, been appointed as Nyaya Panches by the District Magistrate to represent the Gaon Sabha Bathawar. Accordingly, their appointment is challenged as being premature. 2. The petitioner has also pointed out that Nyaya Panches are required under Rule 85 of the Panchayat Raj Rules to be of 30 years or more of age at the time of their appointment. They should also be able to read and write Hindi in Devanagan script correctly. In the case of Achhaibar Singh respondent No. 4, it is said that he does not know how to read and write Hindi correctly, accordingly, he is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ut that two seats in the former and certain scats in the latter, no doubt remained to be filled at the general election and the bye-election also held in that connection, but it is claimed that these vacancies did not stand in the way of the prescribed authority from making the appointments of Nyaya Panches. 8. As to the objection against Achhaibar Singh, namely, that he is illiterate, it is said that he is able to read and write Hindi in Devanagari script fluently, which is the qualification required under Rule 85 of the U. P. Panchayat Raj Rules. In the case of Baijnath Singh, while the counter-affidavit filed does not controvert the fact about his conviction under Section 182 I. P. C. and Section 107 Cr. P. C. all the same it is urged that it did not amount to disqualification. 9. It may here be mentioned that Section 5-A of the U. P. Panchayat Raj Act has since been amended. Formerly the provision was that a person who had been convicted of an offence involving moral turpitude will be disqualified for being nominated as Nyaya Panch, and there was no time limit during which this disqualification lasted. Recently, however, by an amendment of the Act this qualification has been ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... laimed that he himself made them. 13. I do not under the circumstances think that these appointments were invalid on that ground. 14. Coining to the next objection by the petitioner, Section 12-A makes provision for election of members of Gaon Panchayat and of persons out of whom Nyaya Punches will be appointed by the District Magistrate under Section 43 of the Act. These persons have to be elected in accordance with Section 12(6) of the Act. Sub-section 8 of Section .12 provides that were a Gaon Sabha has failed to elect the full number o members prescribed under Sub-section (2), it shall be called upon to elect the remaining number of members, but if it again fails to elect the lull number of remaining members it shall be lawful for the State Govt. or such authority as may be prescribed to fill in the seats, so remaining vacant, by nomination from amongst the members of the Gaon Sabha and any member so nominated shall be deemed to have been duly elected. As it appears from the affidavit filed on behalf of the District Magistrate, two seats in the case of Gaon Sabha Bathawar, and some seats in the case of Gaon Sabha Daryapur, remained unfilled in spite of a bye-election. The pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is supposed to have to his credit two convictions one under Section 107 Cr. F. C, and the other under section 182 I. P. C. So far as proceedings under Section 107 Cr. P. C. were concerned, the learned counsel for the petitioner has not pressed the point; but quite apart from it, I do not think any disqualification arises from it. 18. The case of the conviction under Section 182 I. P. C., however rests on a different footing. This section makes punishable a person who gives to any public servant any information which he knows or believes to be false intending thereby to cause or knowing it to be likely that he would thereby cause such public servant-- (a) to do or omit anything which such public servant ought not to do or omit, if the true state of facts respecting which information is given were known to him; or (b) to use lawful power of such public servant to the injury or annoyance of any person. 19. The offence under this section will be complete under either circumstances mentioned in (a) or (b) above. The ingredients of the offence are: (i) the giving of false information (ii) to a public servant (iii) which the informant knew or believed to be false and (iv) which he ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion should effect or cause injury to some third person. To illustrate the point further, if a person knowingly makes a false statement to a Magistrate that a violent fire is raging in the city and the Magistrate believes that statement and deputes the necessary force for extinguishing fire etc., it would amount to an offence under Section 182 I. P. C. though a perfect hoax was practised on the Magistrate. The question arises whether the offence involved moral turpitude. 23. The expression 'moral turpitude' is not defined anywhere. But it means anything done contrary to justice, honesty, modesty or good morals. It implies deprivity and wickedness of character or disposition of the person charged with the particular conduct. Every false statement made by a person may not be moral turpitude, but it would be so if it discloses vileness or deprivity in the doing of any private and social duty which a person owes to his fellowmen or to the society in general. If therefore the individual charged with a certain conduct owes a duty, either to another individual or to the society in general, to act in a specific manner or not to so act and he still acts contrary to it and does so knowingly, ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
