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This is an archive article published on January 9, 2012

Power punch to Sarpanch

Bihar sarpanch’s order will now enjoy complete legality

It’s a new year move that will serve the twin purpose of strengthening local bodies at the village level and countering illegal open courts organised by the Naxals in the interiors. As per a January 2,2012 order,the Bihar Police has asked all police stations not to infringe upon the powers granted to a village sarpanch under the Bihar Panchayati Raj Act,2006.

This means that instead of lodging a complaint with the nearest police station,the villagers should now bring their problems to the sarpanch,who can take up cases ranging from land disputes to criminal trespass to family disputes and even thefts of amount up to Rs 10,000.

The state government has said that any person hurting a sarpanch (who does not enjoy any police protection) will face stringent action,with the DSP or SP concerned ordered to take up such cases immediately. Besides,police stations have been strictly asked not to entertain cases coming under the purview of the Gram Kachahari,as per the Act.

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Sarpanchs,who had been otherwise not too happy with the mukhiyas getting all financial powers,will now have clear-cut judicial powers. The sarpanch’s order will enjoy full legality,and an appeal against such orders could be made at district courts.

Bihar Director General of Police (DGP) Abhyanand told The Indian Express: “Even though the powers of sarpanch were clearly enshrined in the Bihar Panchayati Raj Act,2006,it was not practically implemented with the local police often taking up matters that came under the sarpanch’s jurisdiction. We asked some senior police officers to study the Act and suggest how its provisions could be practically implemented,without any overlapping with the local police station. Now,we have specified the CrPC and IPC sections under which a sarpanch will take up cases.”

He,however,said that no FIR would be lodged in such cases. A sarpanch will hear two conflicting parties and decide on the case. Unlike before,the sarpanch,being assisted by panchs and nyaymitras,will be available for the people in his or her area round the clock at his office or home,said the DGP.

Strengthening the panchayat system would result in the state government reaching out to villages on a day-to-day basis and most importantly,it will “discourage Naxals who hold illegal courts to settle village matters in their own fashion,at times using force”,said the DGP.

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A sarpanch can impose fine up to Rs 1,000 for offences under sections 106 and 107. Under section 113,a police station in-charge has to inform Gram Kachahari about any offence that should be taken up by the village sarpanch. Any decision of Gram Kachahari can be challenged before a full bench of Gram Kachahari within 30 days and later,in the district court concerned. A judicial secretary is being appointed in every panchayat to keep records.

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