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TMI Blog1958 (12) TMI 40X X X X Extracts X X X X X X X X Extracts X X X X ..... of cash and kind, from the villagers of mauzas Sanori, Makarwat and Bara for the purposes of erecting Bhawans and Seed Go-downs for the use of the Gram Sabha. He thus collected ₹ 67/8 from 67 subscribers and 3 khan-dis, 12 kurai and 9 kurwa grain from 64 subscribers. He brought the matter to the notice of the Gram Panchayat at its meeting dated 29-10-1957 when the Gram Panchayat passed a resolution that as the amount was small for the purpose for which it was collected, it should be deposited for expenditure on Samaj Shiksha projects, and objections should be invited to the adoption of that course. The villagers of mauzas Makarwat and Sanori did not demur to the proposal but an objection was raised by certain persons of Mauza Bara, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hereunder for the election of any separate Sarpanch or Up-Sarpanch of the Gram Panchayat. It appears clear from Sub-section (2) of Section 12 that the members, whose number is fixed by the Government, are exclusive of the Sarpanch and the Up-Sarpanch of the Gram Sabha, who by virtue of their office are entitled to be the Sarpanch and the Up-Sarpanch of the Gram Panchayat. Adverting to the rules framed under the Ordinance, one finds that removal of a member, or panch or Sarpanch is provided under Rule 61. However, that rule is concerned with the removal of a member of a Gram Panchayat or a panch or a Sarpanch of a Nyaya Panchayat only. It is clear from what has been stated above that the petitioner is none of these. The rules do not provi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n view of the importance of the question. The petitioner, as the Sarpanch of the Gram Sabha and Sarpanch of the Gram Panchayat of Choura in the former State of Vindhya Pradesh, collected an amount of ₹ 67/8/- from 67 subscribers and 3 khandis, 12 kurai and 9 kurwa grain from 64 subscribers, for the purpose of erecting a Panchayat bhawan and a seed godown in the village. The amount and the grain were collected in small quantities from different cultivators in the month of March 1957 and onwards. The third respondent made a complaint against the petitioner, as a result of which, the Collector asked the Panchayat Officer to institute an enquiry against the petitioner some time in November or December, 1957. The petitioner had brought ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... short by ₹ 2/4/- in cash and 2 kurai, 8 kurwa in grain than the actual collection. (v) There was suspicion that the petitioner might have collected more amount and grain, which had not been included in the accounts. The petitioner submitted his explanation to the Collector, who, not being satisfied with the same, passed an order dated 6-5-1958, removing the petitioner from his office of Sarpanch of the Panchayat for misappropriation of the Panchayat property dishonestly. I agree with the view of my Lord the Chief Justice that the Collector had no authority to remove the petitioner from the office of the Sarpanch of the Panchayat. As Sarpanch of the Gram Sabha, the petitioner was removable by a meeting of the Sabha itself by a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t was not exactly in consonance with propriety that in the absence of authorisation by the Panchayat, the petitioner should have made use of the official machinery of the Panchayat for making the said collections. However, he, being and uneducated and unsophisticated person, could be excused for such a lapse, which was bona fide and without any dishonest motive. The amount and the grain were collected admittedly for the Panchayat bhawan and the Panchayat seed store. Could it be said that the collections became the property of the Panchayat, no sooner the donors donated the amount? The matter is governed by Clause 32 of the Gram Panchayat Ordinance, 1949. Sub-clause (i) of the said clause provides that all sums received by way of loan or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction of taxes, duties, donations or gifts made under due authority for a purpose covered by Clauses 15 and 16 of the Ordinance would vest in the Panchayat, no sooner they are made. But any donations or gifts secured by private enterprise for a purpose not covered by the said clauses would not vest immediately, unless some overt act of entrustment were to be performed. This, however, to say the least, does not imply that the persons making collections have no responsibility of any kind. They would be constituted constructive trustees under Section 90 of the Indian Trusts Act from the time of collection to the time of entrustment to the Panchayat fund and as such would, undoubtedly be liable for any breach of trust. But their failure to depo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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