Judicial officer presiding over Lok Adalat not entitled to discharge judge’s job: HC

The Kalaburagi bench of the high court has said that a judicial Officer preside over the Lok Adalat is not entitled to discharge the job of a ‘judge’ and his role is only that of a conciliator. Justice V Shrishananda said this while setting aside the decree passed by the Lok Adalat in 2007.

The petitioner Pooja, a resident of Indi in Vijayapura district, challenged the compromise passed by the Lok Adalat bench on October 27, 2007. The Lok Adalat bench was presided over by the Civil Judge and JMFC, Sindagi as a conciliator, Member Secretary of the Taluk Legal Services Committee, as another conciliator and a third conciliator. The petitioner also challenged the execution proceedings pending before the JMFC court at Sindagi since 2018.

Since the petitioner was a minor in 2007, she was represented by her grandfather Gunderao in a suit pertaining to division of property. Based on the petition under Order 23 Rule 3 of Civil Procedure Code (CPC) for consent decree, the Lok Adalat allowed the compromise petition. The petitioner approached the high court after she received notice in execution proceedings in 2018.

It was argued on behalf of the petitioner that there was no other alternative remedy available to challenge the decree of the Lok Adalat, except in the high court. On the other hand, the other parties in the compromise proceedings defended the order passed by the Lok Adalat.

Justice Shrishananda noted that Lok Adalat is not a judicial proceeding in the first place. “It may be a fact that a Judicial Officer presides over the Lok Adalat as a conciliator along with an advocate conciliator. But before the Lok Adalat such a Judicial Officer is not entitled to discharge the job of a ‘Judge’ and his role is only that of a conciliator,” the court said.

The bench also said that the Lok Adalat cannot entertain an application filed under Order 23 Rule 3 of CPC, or for that matter, any other applications where judicial orders are required to be passed. Under such circumstances, since the conciliators have exercised the judicial powers while presiding over the Lok Adalat, order passed by the Lok Adalat in accepting the compromise and directing the decree of the suit needs to be set aside as it is opposed to the settled principles of law,” the court said.

The matter has been restored to the Sindagi court with a direction to dispose of in accordance with law on or before December 31, 2024. “However, if the parties intend to settle the dispute amicably in the suit, this order would not come in any way of settling the dispute amicably,” the judge said.