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Punjab-Haryana High Court
Dharmender vs State Of Haryana on 31 March, 2021CRM-M-42508-2020 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

CRM-M-42508-2020 (O&M)
Date of decision: 31.03.2021

Dharmender
… Petitioner

Vs.

State of Haryana
… Respondent
CORAM: HON’BLE MR. JUSTICE ARVIND SINGH SANGWAN

Present: Mr. Manjeet Singh, Advocate
for the petitioner.

Mr. Deepak Kumar Grewal, DAG, Haryana.

Mr. Ashwani Bhardwaj, Advocate
for the complainant.

*******
ARVIND SINGH SANGWAN, J. (ORAL)

Prayer in this petition is for grant of anticipatory bail in FIR

No.179 dated 25.07.2020 under Section 379, 407, 420, 465 IPC, registered at

Police Station Jui Kalan, District Bhiwani.

While granting interim bail to the petitioner, following order was

passed by this Court on 17.12.2020: –

“…Learned counsel for the petitioner submits that as per
allegations in the FIR, registered at the instance of one Ram
Kishan, resident of village Kudal, it is stated that his daughter-in-
law Rajesh Kumari is the Sarpanch of the village. It is further
stated that a sub-centre was made for the purchase of mustard
crop in the primary school of the village and the transport work

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was allotted to one Anup Sharma by the Deputy Commissioner,
Bhiwani. The Sarpanch of the village was deputed by the
SDO(Civil), Loharu for supervision of the labour work and
purchase of mustard crop.
It is further stated in the FIR that complainant Ram Kishan
was acting as a Sarpanch on behalf of his daughter-in-law and
had purchased the mustard crop, however, later on, it was noticed
that there is a shortage of the stock and petitioner Dharmender,
being driver of truck bearing registration number HR-62-A-3975,
has lifted 320 bags of mustard crop for sending it to Barwala but
the same did not reach there.
Learned counsel for the petitioner further submits that in
order to cover up the loss caused by the complainant himself, the
petitioner has been named as an accused.
Notice of motion for 09.02.2021.
Meanwhile, in the event of arrest, the petitioner be released
on interim bail subject to his furnishing personal bonds and surety
to the satisfaction of Arresting/Investigating Officer. However, the
petitioner shall join the investigation as and when called upon to
do so and shall abide by the conditions as provided under Section
438 (2) Cr.P.C.
In the meantime, the Superintendent of Police, Bhiwani is
directed to look into the role of the complainant and to find out
whether as per allegations in the FIR, he, being the assignee of the
crop, is himself liable to be arraigned as an accused.
The Deputy Commissioner, Bhiwani is also directed to file
an affidavit as to how complainant Ram Kishan is permitted to
work as a Sarpanch in place of his daughter-in-law and what
action has been taken against him in this regard by the authorities.
The affidavit be filed on or before the next date of hearing.”
In compliance of the aforesaid order, separate replies by way of

affidavits of Superintendent of Police, Bhiwani as well as Deputy

Commissioner, Bhiwani have been filed.

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The affidavit filed by SP, Bhiwani states that the FIR has been

registered on the complaint given by Ram Kishan against Dharmender with the

allegations that daughter-in-law of the complainant namely Rajesh Kumari is

Sarpanch of Village Kural and there was a sub center established in the primary

school for the purchase of mustard crop for the year 2020-21 and transportation

work was allotted to one Anup Sharma. Sarpanch Rajesh Kumari was appointed

by the Sub Divisional Officer (Civil), Loharu for supervision of the labour work

and purchase of mustard crop and the complainant was working as

representative of the Sarpanch. Later on, it was found that 320 bags

containing 145 qtl 45 kgs of mustard crop, which was sent in a warehouse in

Barwala in a vehicle bearing registration No.HR-39B-1020, did not reach at the

place and it was the petitioner, who arranged the same. On the basis of

allegations that mustard crop was found short, present FIR on account of theft

of 320 bags was registered. It is further stated that during the investigation, it

was found that transportation job was allotted to Anup Singh by the Deputy

Commissioner, Bhiwani, who has further engaged the petitioner as sub

contractor.

In the reply by way of affidavit filed by Deputy Commissioner,

Bhiwani, apart from the aforesaid facts, it is stated that Gram Panchayat passed

a resolution No.2 dated 16.04.2020 to authorize the Sarpanch Rajesh Kumari to

purchase the mustard crop and on the same day, another resolution No.3 dated

16.04.2020 was passed, in which complainant Ram Kishan was made a member

of the Committee, who was authorized to purchase the crop. Reliance is also

placed on a communication sent by Manager, Loharu Cooperative Marketing

Society Ltd., Lohari that for purchase of mustard crop, purchase center was

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established and transportation work was allotted to Anup Singh. As per

resolution, Sarpanch Rajesh Kumari was authorized to purchase the crop and

deal with the labour work. In this communication, it is reported as under: –

“The Govt. has established Purchase Center at village level for

purchasing of Mustard Crop to avoid rush in the Mandis due to

Covid-19 pandemic. The Purchase Center to purchase Mustard

Crop was established in Village Kural by the Haryana State Ware

Housing Corporation as per the letter bearing No.FP-1-2020/6227

dated 11.04.2020 of Directorate, Food, Civil Supplies and

Consumer Affairs. The Cooperative Marketing Societies of Distt.

Bhiwani & Charkhi Dadri were authorized to appoint Labour

Agent by the District Manager, HAFED vide letter

No.Hafed/DOB/Asstt (Estt)/156 dated 15.04.2020 and the work of

Transport was allotted to Sh. Anup Sharma S/o Sh. Sher Singh, R/o

H. No.312-A, Shiv Nagar, Bhiwani vide DC, Bhiwani letter No.A-

2/2020/330-338 dated 10.04.2020 and the Sarpanch, GP Kural

was appointed as Handling Agent in Purchase Center, Kural to

purchase Mustard. Smt. Rajesh Kumari, Sarpanch, GP Kural was

authorized by The Cooperative Marketing Society, Loharu for

smooth functioning of labour work in purchase of Mustard at

Village Kural and Smt. Rajesh Kumari, Sarpanch, GP Kural

submitted an affidavit/agreement in this regard to The Cooperative

Marketing Society, Loharu on account of security amount vide

cheque No.681315 to The Cooperative Marketing Society, Loharu,

The Gram Panchayat passed a resolution No.2 dated 16.04.2020

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in this regard and the resolution was passed by full quorum and

the right to purchase mustard and labour work was given to Smt.

Rajesh Kumari, Sarpanch, GP Kural. The labour work in Mustard

Purchase was given to Loharu Cooperative Society, Loharu and

Ram Kishan S/o Sh. Mamchand, Resident of Village Kural has

never been authorized to work as Sarpanch in place of his

daughter-in-law. No Deptt. has ever permitted Ram Kishan to

work in place of Sarpanch Rajesh Kumari. The FIR No.0179

dated 25.07.2020 u/s 379/407/420/465 in the Police Station Jui

was lodged by the Ram Kishan himself and there is no

connection with the case/FIR of any other person, Ram Kishan

himself has lodged the case.”

A perusal of this communication sent by Manager, Loharu

Cooperative Marketing Society Ltd., Lohari belies the version of the Deputy

Commissioner, Bhiwani that complainant Ram Kishan was authorized to do the

purchase work and therefore, the affidavit, on the face of it, is factually

incorrect. The Deputy Commissioner, Bhiwani, who is a responsible officer, is

not supposed to file an affidavit in a casual manner, which is contrary to the

contents of Annexure R-1, relied upon in the affidavit itself.

The affidavit even does not give correct facts. Firstly, it is stated

that due to the strike in the market, purchase center was set up in the Govt.

School, Kural, whereas as per letter of the Manager, The Loharu Cooperative

Marketing Society Ltd., Loharu, to avoid rush in the mandis due to COVID-19

pandemic, the purchase center was established in village school. Secondly, the

Deputy Commissioner has relied upon resolution No.3 dated 16.04.2020

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authorizing Ram Kishan, father-in-law of the Sarpanch to be one of the member

of a Committee, though he was not even a Panch, whereas other members, as

per the resolution, were either Panches or Gram Sachiv, which shows that the

Deputy Commissioner has not applied his mind, while filing this affidavit.

Thirdly, resolution No.3, on the face of it, was never sent to the Secretary &

Executive Officer, Market Committee, Loharu, which is not there in the

communication (Annexure R-1), as there is no reference of resolution No.2

dated 16.04.2020 but there is no reference of resolution No.3 dated 16.04.2020,

authorizing Ram Kishan, father-in-law of the Sarpanch to work on behalf of the

Sarpanch and rather, in the concluding part of this affidavit, it is specifically

stated that Ram Kishan himself got the FIR registered and the department never

permitted him to work in place of Sarpanch, whereas to the contrary, the

Deputy Commissioner is relying upon this resolution No.3, to submit that Ram

Kishan, being member of the Committee, was authorized, without appreciating,

resolution No.3 was passed just to give illegal powers to Ram Kishan in place

of elected Sarpanch Rajesh Kumari. All this demonstrates that Deputy

Commissioner has failed to exercise his powers and to keep a check on the

illegal activities in the Gram Panchayat.

Despite a direction that the SP and DC should inform about action

taken against Ram Kishan, both the affidavits are silent, though he himself can

be transposed as an accused with the aid of Section 120-B IPC.

Even otherwise, casual approach of the Deputy Commissioner in

not ensuring the women empowerment in the Panchayati Raj system needs to

be depreciated. As per 73rd and 74th Constitutional Amendment, reservation for

women in Panchayati Raj system was provided to ensure that such elected

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Panches or Sarpanches will motivate the poor and illiterate women in the

village to improve their quality of life, self-respect and to become self-

dependent.

In the State of Haryana, where sex ratio is poorest in the country

and the women in rural Haryana are subjected to domestic violence, social and

cultural barriers and are prevented from socialisation, the Deputy

Commissioner has failed to check the common belief in the rural area that a

female Sarpanch cannot be a good leader and the male members of their family

can suo motu assume their powers in a self-styled notion that only male

member can work in their place. The Deputy Commissioners, in the State of

Haryana, being Heads of Panchayati Raj Institutions, are required to keep a

check that dejury election of the lady Sarpanch be not taken over by de-facto

male members of their family.

Even otherwise, Section 19 of Haryana Panchayati Raj Act, 1994

read with Section 21 clearly defines the powers, functions and duties of a

Sarpanch as well as of a Gram Panchayat. It is nowhere provided under the

Haryana Panchayati Raj Act that a person, who is neither a Sarpanch nor a

member of the Panchayat, can perform on behalf of the Gram Panchayat nor

can be substituted as a Sarpanch, as in the instant case. Complainant Ram

Kishan, while registering the FIR, has stated that he was working on behalf of

Sarpanch, who is none other than his daughter-in-law Smt. Rajesh Kumari.

Therefore, I find that the complainant has no locus standi to

register the FIR, as it has been so specifically stated in the communication sent

by the Manager, Loharu Cooperative Marketing Society Ltd., Lohari, which has

only authorized the Sarpanch to purchase and deal with the labour work in this

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regard.

In view of the above, this petition is allowed and the interim bail

granted to the petitioner vide order dated 17.12.2020 is made absolute subject to

the conditions envisaged under Section 438 (2) Cr.P.C.

The Superintendent of Police, Bhiwani is directed to look into the

allegations in the FIR and to find out if complainant Ram Kishan himself can be

transposed as an accused with the aid of Section 120-B IPC.

The Deputy Commissioner, Bhiwani is also directed to ensure that

in future, before filing any affidavit in the High Court, he will verify the facts of

the same personally.

The Financial Commissioner-cum-Secretary to Govt. of Haryana,

Department of Development and Panchayats, Haryana, Chandigarh is directed

to ensure and circulate amongst all the Deputy Commissioners of the Haryana

that no such permission be granted to a male person, who is neither a member

of the Panchayat nor a Sarpanch to act on behalf of the lady Sarpanch. Upon

communication to all the Deputy Commissioners, an information be sent to the

Registrar General of this Court within a period of one month from today.

[ ARVIND SINGH SANGWAN ]
31.03.2021 JUDGE
vishnu

Whether speaking/reasoned : Yes/No

Whether Reportable : Yes/No

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