Arijit Pasayat, J.— Heard learned counsel for the parties.
2. This appeal is directed against the judgment of the Andhra Pradesh High Court in a writ petition filed before the Court questioning the legal sanction behind formation of “People's Council”. The High Court noticed that some enterprising police officials thought of having a “People's Council” for making society a better place to live in, in an orderly manner. The objection to formation of such “People's Council” was essentially on the basis that some of the activities which it was supposed to undertake related to exercise of judicial powers, and as such are not sanctioned in law. The High Court referred to various aspects, the objectives for which the People's Councils were to be formed, and legal hurdles in their functioning.
3. Though the High Court found that some of the objectives were covered by normal police functions, the rest were unrelated to the functioning of the police and, in fact, came within the domain of various other departments of the Government.
4. Particular reference was made to the scope of the People's Council in deciding whether a case for registering a case for commission of an offence is made out or not. This the High Court felt was a part of the judicial adjudicatory mechanism and certainly not the function of the police or, in any event, the People's Council.
5. Learned counsel for the appellant State submitted that the purpose for which the People's Council was to be formed was intended to remove many evils in society and this was just a beginning in an effort to rectify many social evils and ills. Keeping in view the objectives of the People's Councils the matter should not have been dealt with in the manner done by the High Court, and when social objectives are to be achieved, a hypertechnical approach should not have been adopted.
6. Mr Ranjit Kumar, learned Senior Counsel, who was appointed as amicus curiae with reference to the objectives, pointed out that though the objectives may be laudable in certain perspectives, yet keeping in view the possibility of misuse described in detail by the High Court, the objectives could not have been achieved and may not have been achieved, given the wide powers which were sought to be conferred on the People's Council.
7. The objectives which the People's Council wanted to pursue are as follows:
“(1) To check flow of attack in the village.
(2) To check social vices like gambling, prostitution, bhanamathi, harassment, etc.
(3) To stop the activities of antisocial elements and check their visits to the village.
(4) To form village defence squads for protection against thieves and antisocial elements.
(5) To spread adult literacy — to send all the children below 10 years to schools.
(6) To persuade parents to undergo family planning.
(7) Promote sports activities.
(8) Tree plantation.
(9) Every People's Council must create one asset through shramadan. SI should help them through his good offices.
(10) To hold panchayats for land disputes, family disputes, petty cases and other civil disputes. All such panchayat reports should be informed to SI. All such disputes should be settled through the consent of both the parties. Nobody should be compelled to abide by the decision of the People's Council.
(11) To monitor the functioning of government offices, welfare and developmental measures including fair-price shops.
(12) To maintain cleanliness in the village, help sick persons and other health problems.
(13) Any other social welfare measures.
(14) Prepare a report about the problems of the village and send it to SI every month.”
8. The constitution of the People's Council, eligibility for members and disqualifications have also been laid down.
9. Though some of the objectives appear to be laudable, yet they cannot be permitted to be achieved by crossing the limits prescribed by law. There are some definite and defined areas earmarked for the functionaries of the State. Merely because the objectives in the ultimate may be for the good of a society, that will not permit overstepping the limitations prescribed by law and defined areas of government functioning. So far as the first four objectives are concerned, they certainly are linked with the functions of the police. Therefore, it shall be open to the People's Council to pursue those objectives. Same is the case with promotion of sports activities. Though it is directly not a part of the functions of the police, yet for building up interest in sports and producing sportspersons of excellence as a part of the social activity, the People's Council may do it. So far as other objectives indicated above are concerned, definitely these are related to functions of different departments of the Government, for example cleanliness and persuasion to undergo family planning.
10. It is not in dispute that the statutes relating to functioning of Gram Panchayats and Panchayat Samitis are in operation. The functionaries under these statutes also have defined roles under the statutes and some of the objectives may come into conflict with the functioning of the functionaries under those statutes. Therefore, if the People's Council wants to pursue the objectives except those enumerated at Sl. Nos. 1, 2, 3, 4 and 7 they may act in coordination with the functionaries of different departments to whom they relate, but they will not harp on them to have their say in the matter of how these functions are to be performed. Adding to that, some of the activities can also be undertaken by the authorities created under the Legal Services Authorities Act, 1987 (in short “the Legal Services Act”). Wide and sweeping changes have been introduced by amendments to the said Act. Resolution of disputes of different nature is now provided under the said statute. The People's Council may, if permitted by the authorities created under the Legal Services Act, render assistance in settling disputes at Lok Adalats or for organising camps for legal literacy and the like. They are not intended and cannot be substituted for the authorities provided under the Legal Services Act.
11. With the aforesaid modifications and clarifications in the impugned order of the High Court, we dispose of the appeal.
12. Before we part with the appeal, it would be appropriate to indicate that the efforts initiated for forming the People's Councils should not be localised to a few areas. If the State is really interested in the formation of such People's Councils, it may consider framing a scheme so that the ideas can spread throughout the State and do not get confined in any particular area.
13. We record our appreciation for Mr Ranjit Kumar, learned amicus curiae who in a very able and fair manner assisted the Court for disposal of this appeal.