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TMI Blog2005 (11) TMI 469X X X X Extracts X X X X X X X X Extracts X X X X ..... gram panchayat inquiry was conducted by the Sub-Collector, Jajpur. Several allegations were received by the Sub- Collector from the villagers as well as the member of the Legislative Assembly. By Order dated 17.5.2003 the Collector directed Sub-Collector to inquire into the allegations made against the respondent-Sarpanch. On 23.5.2003 the Sub-Collector conducted inquiry and recorded statements of the complainants and thereafter the respondent. On 27.5.2003 Sub Collector submitted his report concluding that the respondent had misused his power as Sarpanch and had failed to discharge his duties. Considering the report of the Sub- Collector, by order dated 3.6.2003 the Collector suspended the respondent from the office of Sarpanch in purported exercise of powers conferred under Section 115(1) of the Act. The order was challenged by the respondent by filing a writ petition before the High Court. It was submitted that there was no material to show that the alleged acts of the respondent were wilful. The State Government filed its counter pointing out that serious allegations were made which were inquired into by the Sub- Collector, who had categorically reported that there was truth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sed. In other words, the right of an elected representative to continue in office for the full tenure should not be lightly tinkered with by the Executive. In support of the appeal, learned counsel for the appellants submitted that the High Court is clearly in error in its analysis of Section 115(1) of the Act. The Sub Collector s report clearly indicates the manner in which there was abuse of powers, rights and privileges vested in respondent no.1 and as to how the acts were prejudicial to the interest of the Grama Panchayat and inhabitants of the Grama. The Collector had categorically stated in his order that the acts were wilful in nature. Learned counsel for the respondent submitted that by merely referring to the language of Section the Collector could not have concluded that acts of the respondent were prejudicial acts or amounted to abuse of powers and rights and privileges vested in him. It was submitted that before the inquiry was conducted by the Sub-Collector the respondent was not granted any opportunity. On the other hand the statement of the respondent was recorded after the statements of the so called complainants were recorded. Even a copy of the Sub-Collecto ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... member shall be liable to be placed under suspension under the said provisions. (6)(a)Whenever the Collector is of the opinion that the Sarpanch of a Grama Panchayat has failed in convening any meeting of the Grama Panchayat within a period of three continuous months he may, after making such enquiry as he deems fit, by order, remove the Sarpanch from office and may also declare him not be eligible for election as a member for a period not exceeding one year as he may specify in his order and on such order being made the Sarpanch shall cease to be a member of the Grama Panchayat. (b) Nothing contained in the preceding subsections shall apply in respect of a default as specified above. The scheme of Section 115 shows that the Collector can take action either on the basis of an inquiry or inspection made by him or on the report of the Sub-Collector. On the basis of such inquiry or inspection or report of Sub-Divisional Officer, as the case may be, he has to form opinion whether circumstances exist to show that the Sarpanch has wilfully omitted or refused to carry out or has violated the provisions of the Act or the rules or orders made thereunder or has abused the powers, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... neficiaries and had concluded that by taking advantage of the simplicity of the poor persons, the respondent had cheated the poor beneficiaries who relied upon the words of the respondent and were finally deceived. At this juncture it is desirable to consider the true, import of the word wilful . An act is said to be wilful if it is intentional, conscious and deliberate. (See : Rakapalli Raja Rama Gopala Rao v. Naragani Govinda Sehararao (1989 (4) SCC 255). The expression Wilful excludes casual, accidental, bona fide or unintentional acts or genuine inability. It is to be noted that a wilful act does not encompass accidental, involuntary, or negligence. It must be intentional, deliberate, calculated and conscious with full knowledge of legal consequences flowing therefrom. The expression wilful means an act done with a bad purpose, with an evil motive. Wilful is a word of familiar use in every branch of law, and although in some branches of law it may have a special meaning, it generally, as used in courts of law, implies nothing blameable, but merely that the person of whose action or default the expression is used is a free agent, and that what has been done arises ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t and binding for what it explicitly decides and no more. The words used by Judges in their judgments are not to be read as if they are words in Act of Parliament. In Quinn v. Leathem (1901) AC 495 (H.L.), Earl of Halsbury LC observed that every judgment must be read as applicable to the particular facts proved or assumed to be proved, since the generality of the expressions which are found there are not intended to be exposition of the whole law but governed and qualified by the particular facts of the case in which such expressions are found and a case is only an authority for what it actually decides. The High Court has not indicated as to why according to it the pre-requisite conditions stipulated were not satisfied. Vulnerability of the High Court s judgment is also apparent from the fact that it referred to the report of the Sub Collector and held that the same did not satisfy the pre-requisite conditions stipulated. The Sub-Collector s report indicated circumstances to show that Sarpanch had wilfully omitted or refused to carry out or has violated the provisions of the Act or the Rules or Orders made thereunder or has abused the powers, rights and privileges vested in him ..... X X X X Extracts X X X X X X X X Extracts X X X X
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