IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.1541 OF 2013 BETWEEN:
SMT CHANDRAVATHI S.K. W/O JAGADEESH, AGED ABOUT 44 YEARS, WORKING AS SECRETARY GRAMA PANCHAYATH, MAGUNDI, N.R.PURA TALUKA, CHIKMAGALUR DISTRICT-577 134.
... PETITIONER (BY SRI: R B DESHPANDE, ADVOCATE) AND 1. THE STATE OF KARNATAKA BY SRINGERI POLICE STATION-577 139.
2. H.M.RAVINDRA S/O M.V.NARASHIMAMURTHY, AGED ABOUT 45 YEARS, OCC:AGRICULTURIST, R/AT SHANTAPURA, KIGGA POST, SRINGERI TALUKA, CHIKMAGALUR DISTRICT-577 139.
... RESPONDENTS (BY SRI: I.S.PRAMOD CHANDRA, SPP-II FOR R1 SRI: N.MAHALINGA BHAT, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ORDER DATED:13.2.12 PASSED BY THE JMFC, SRINGERI IN C.C.NO.83/11 CONFIRMED BY THE ORDER DATED:28.11.12 PASSED BY THE PRL. S.J., CHIKMAGALUR IN CRL.RP.NO.125/12.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioner was the Secretary of Markal Grama Panchayat. The allegations against the petitioner is that during her tenure as Secretary of the said Panchayat, she in collusion with accused No.1 and other officials of Panchayat, falsified the panchayat records in respect of a panchayat property comprised in Sy.No.341 belonging to the Government and mutated the revenue records in respect of the said property in the name of accused No.1.
2. The learned counsel for the petitioner submits that by virtue of Section 62 of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993, the petitioner being the Secretary of the Panchayat has merely implemented the resolution passed by the President and the Governing Body, therefore prosecution of the petitioner is not tenable without previous sanction of the competent authority.
3. The contention urged by the petitioner requires to be answered with reference to Section 62 of The Karnataka Gram Swaraj and Panchayat Raj Act, 1993. The provision reads as under:-
62. Powers and duties of the Adhyaksha and Upadhyaksha.- (1) The Adhyaksha of the Grama Panchayat shall 1 [be the executive head of the Grama Panchayat and he shall], in addition to the powers exercisable under any other provision of this Act or rules made thereunder,-
(a) convene meetings of the Grama Panchayat;
(b) have access to the records of the Grama Panchayat [and may call for records and files, and pass orders thereon in accordance with the provisions in the Act, rules and other standing orders and in pursuance to resolution passed by the Grama Panchayat to that effect:
Provided that the Adhyaksha shall not call for the files and records which are directly related to the exercise of independent statutory powers by the Secretary or any other officer of the Grama Panchayat;] and (c) exercise supervision and control over the acts of the officers and employees of the Grama Panchayat [including the Secretary] [(d) have power to place under suspension any officer or employee under the control of the Grama Panchayat where a disciplinary proceeding against him is contemplated or pending or where a case against him in respect of any criminal offence is under investigation or trial.] (2) The Adhyaksha may, if in his opinion the immediate execution of any work or the doing of any act which requires the sanction of a committee or of the Grama Panchayat, is necessary in public interest convene a meeting for the purpose with a notice of twenty-four hours.
(3) The Upadhyaksha of the Grama Panchayat shall exercise the powers and perform the duties of the Adhyaksha when the Adhyaksha is absent, on leave or is incapacitated from functioning.
4. In the instant case, there is no dispute as to the fact that the Panchayath President and other officer bearers had passed a resolution authorizing to lease of the property comprised in Sy.No.341. Undisputedly, the property comprised in Sy.No.341 was a Government Land, which had vested with the Panchayat. The said property could not have been leased to accused No.1, but for the fraud played by the officials of the panchayat. The petitioner herein being the Secretary of the Panchayat cannot feign ignorance of the transaction carried out by the President and Officer Bearers of the Panchayat. A duty is cast on the Secretary under Section 111 of The Karnataka Gram Swaraj and Panchayat Raj Act, 1993 to keep records of the Grama Panchayat, Standing committees and other committees, Grama Sabha and Ward Sabha. Even otherwise, by virtue of her position as Secretary of the said Panchayat, no documents could have been transferred in the name of accused no.1 in respect of the properties belonging to the Government or the Panchayat. Under the said circumstances, the petitioner cannot seek to absolve herself on the ground that she has merely implemented the resolution passed by the Panchayat. The act of the petitioner is not covered under Section 197 of Cr.P.C. The acts alleged against the petitioner cannot be treated as official acts done by her in discharge of official duties. In the wake of the allegations contained in the FIR and chargesheet, sanction for prosecution of the petitioner is not necessary. Therefore, I do not find any justifiable reason to quash the proceedings insofar as the petitioner is concerned.
Accordingly, the petition is dismissed.
Sd/- JUDGE *mn/-