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TMI Blog1953 (7) TMI 16X X X X Extracts X X X X X X X X Extracts X X X X ..... the Rules), was reduced to ₹ 5. 2. The petitioner is a Gram Panchayat at Vidul in taluq Pusad of Yeotmal district, which is constituted under the Central Provinces and Berar Panchayats Act, 1946 (hereinafter called the Act). Respondent no. 1 is the Multi-Purpose Cooperative Society at Vidul within the Gram Panchayat area. Under section 41 (2) of the Act, the Gram Panchayat was entitled to require every person practising the calling of buyer, broker, commission agent, weigher or measurer within its area to take out a licence and to levy such fee therefor as may be prescribed. In pursuance of this authority read with rule 1 of Clause XXV of the Rules the petitioner Gram Panchayat in a meeting held on the 3rd May 1950 passed a resoluti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mongst the members of the Gram Panchayat are Shri Shankar Gopal Desh-mukh and Shri Umakant Krishnappa Komti who are the office bearers of the Society. The notice dated the 9th November 1950 does not bear the signature of these two members. The case of the Gram Panchayat was that this notice was served on them, whereas the Society alleged that it was not sent to them at all and that no meeting was really held on the 10th November 1950. In the view we take of the case, it is not necessary to consider this point and we shall assume that the notice was duly served and the meeting was held as alleged by the Gram Panchayat. 5. The notice dated the 9th November 1950 contained the agenda of the meeting to be held on the 10th November 1950, The rel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... license it is clear that deliberately with a view to troubling the village Panchayat (the Society) by starting the business without taking a license in spite of knowing the law fully, has completely broken the above rule. The result of this in the entire village is this: The Co-operative Society, being a Government body, does not at all care for the village Panchayat. Therefore, we unanimously fine the Manager of the Multi-purposes Co-operative Society ₹ 50 under rule 5 for his having completely broken rule 1 of Clause XXV of the Village Panchayat Rules. He shall pay the same within three days. 7. In the meantime, on the nth November 1950, the Society sent an application to the Gram Panchayat requesting that a licence be issued to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tive. He accordingly reduced the amount of fine from ₹ 50 to ₹ 5 and directed the Gram Panchayat to grant a licence to the Society on payment of the prescribed fee of ₹ 4. With the latter part of the order we are not concerned in these proceedings as the licence was already issued on the 9th January 1951. 9. Rule 5 of Clause XXV of the Rules provides that breach of rule 1 shall be punishable with a fine which may extend to ₹ 50, to be levied by an order of the Gram Panchayat. Rule 1 is in terms of section 41 (2) of the Act and is to the following effect: No person shall practise the calling of a buyer, broker, commission agent, weigher or measurer within the Gram Panchayat area without a licence from the Gram Panch ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... specify the charge and serve a notice on the Society to show cause against the action that was proposed to be taken. As the matters stand, the notice dated the 19th June 1950 was not acted upon and irrespective of whether the notice dated the 9th November 1950 was served on Shri Shankar Gopal Deshmukh and Shri Umakant Krishnappa Komti, it was not a notice to the Society as such, nor did it state the action that was proposed to be taken against it. It is not, therefore, possible to hold that due opportunity was given to the Society to state its case, so as to make the decision of the Gram Panchayat binding on it. 12. The extraordinary powers under Article 226 of the Constitution are intended to be exercised in grave cases of manifest injus ..... X X X X Extracts X X X X X X X X Extracts X X X X
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