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VILLAGE STUDY SEGMENT (MRM­2008­10) 
 

                   
  THEME PAPER 
   
STUDY OF GRAM KACHAHARI IN THE MANSI
 
AND GOGRI BLOCK OF KHAGARIA DISTRICT IN
 
BIHAR
 

KIIT 

 
HOST ORGANIZATION: CENCORED, PATNA

SUBMITTED TO:
Dr. Indu Sinha(CENCORED)
SUBMITTED BY:
RANJEET RANJAN
 
SUBODH KUMAR  
 
KIIT SCHOOL OF RURAL

MANAGEMENT
 
BHUBANESWAR, ORISSA
ABSTRACT

The word Panchayati is in use since time immemorial for the conflict resolution at local level.
Gandhiji believed that democratic freedoms have to be founded in institutions of Self
government in every village in India. He defined traditional Panchayats; ‘village republics’,
which he called Panchayati Raj.

Today, more than 26 lakh representatives stand elected to the three levels of Panchayats. Of
these, over 10 lakh are women, 5.2 lakh belong to the Scheduled Castes and 3.3 lakh to the
Scheduled Tribes (Fifteenth Anniversary Charter on Panchayati Raj, April 2008). In Bihar during
the 2006 Panchayat Elections out of the total of 8,463 Gram Kachahari 1, 08,994 Panch have
been elected out of which 52,805 are women and out of 8,461 Sarpanch, 4,022 are women
Sarpanch. Out of these about 80% are illiterate, among them around 17% belong to SC/ST and
48.49% are women.

“Gram Kachahari” means a body consisting of persons registered in the electoral rolls comprised
within the area of Panchayat at the village level along with Nyay Mitra (LLB degree holder) and
Nyay Sachiva. Gradually Gram Kachahari is becoming one of the important means for the local
justice in the community. The absence of basic knowledge regarding the rules and the power of
the Gram Kachahari in the members is an obstacle. However the appointment of Nyay Mitra and
the Nyay Sachiva is the one step towards the improvement of the smooth functioning of the
Gram Kachahari, the training to the Sarpach and the Panch could be more effective.

The study of Gram Kachahari in the Mansi and Gogri block of Khagaria district in Bihar
included some basic objectives like ‘to explore the present situation of Gram Kachahari and
their impact on the society’ ‘to identify the constraints in respect to the Gram Kachahari’ etc.

ii 
 
ACKNOWLEDGEMENT

We have immense pleasure in expressing our deep sense of gratitude, indebtness and sincere
thanks to our esteemed Reporting Officer Dr.(Smt) Indu Sinha, Director Program, Center for
Communication Resources Development, Patna, Bihar for her keen interest to guide the each
component of Village Study Segment, valuable suggestions, constant encouragement and
inspirations. We are whole-heartedly thankful to the Dr. B.K. Sinha,President,CENCORED
for providing us such platform to learn many things about non-government organization. We
are also very much thankful to the Mr. Nirbhay Anant(Project Co-ordinator, Khagaria) for
giving us guidance in adverse conditions.

Our special thanks are due to Mr. Jayant Kumar (Block co-coordinator, Mansi) CENCORED,
Mr. Rishi Prakash Gautam (Programme Consultant) and other staff members of CENCORED
for their kind co-operation during our VSS and for treating us as members of their team.

We are overwhelmed to express our deepest sense of reverence towards our director
Prof.L.K.Vaswani. We are highly grateful to our revered professors at KSRM for their
inspiration and co-operation. We have great sense of thanks to Dr. V. Venkatakrishnan
(Coordinator,VSS) for their continuous guidance during or before VSS.

We are extremely happy to reveal our special thanks to our colleagues, for their blessings,
inspiration, assistance and moral support.

Ranjeet Ranjan (8201072) Place: Patna

Subodh Kumar (8201081)


Date: 06/03/2009

iii 
 
Table of Content
Abstract
Acknowledgement
1 Introduction………………………..………………………………………………….………01
1.1 Background of the Study………………..…………………………….……….01
1.2 Statement of the Problem………………..…………………….…………….....02
1.3 Objective of the Study…………………..……………..….….…………….…..03
1.4 Significance of the Study…………………..…………………..……………….03
2 Research Methodology………………..…………………..………………….………………03
2.1 Study Design……………………………………………..………………….......03
2.2 Coverage of study ………………..……………………….…………...…..…...03
2.3 Selection of sample …………………….….….………..……….........................03
2.4 Tools of Data Collection…………....…………………….……………….……04
3 Limitations of the Study ……………………………………………………..………..…..…04
4 Study findings …………….……………………………………………….………….….…..05
4.1 Procedure for the cases ………………………………………...…...……….…….05
4.2 Total Cases Filled in the Gram Kachahari. ………………………..…….……….06
4.3 Cases Caste wise…………………………..…………………………….…….…….07
4.4 Type of Cases …………………………..………………………………….……….07
4.5 Reservation …………………………..………………………………….………….08
4.6 Training …………………………..……………………………………..………….09
4.6 Social Profile of the Respondents ……………..……………..………..……….….10
4.7Comments of members of Gram Kachahari and Other Observation……..…….11
4.8 SWOT analysis and problem tree for Gram Kachahari …………………..…….12
5 Suggestions and recommendations.…………………………………………..…..………….14
6 Conclusion……………………………….…………………………………………..………..17
Bibliography, Annexure-I, Annexure-II, Annexure-III

iv 
 
List of Figures and tables

Sl.No. Title Page No.


1. Cases Caste wise 07
2. Type of Cases 08
3. Educational Status of Respondents 10
4. A holistic approach for Gram Kachahari 16


 
1. Introduction

1.1 Background of the Study

Panchayat System is deeply rooted in the soils of Bihar. The word Panchayati is in use since
time immemorial for the conflict resolution at local level. Gandhiji believed that democratic
freedoms have to be founded in institutions of Self government in every village in India. He
defined traditional Panchayats; ‘village republics’, which he called Panchayati Raj. Also the ray
of development will come through their own elected Panchayats which will result the active
participation and welfare of people. Long before independence, five experimental Panchayats
with Gram Kachahari was started in Bihar, by the then provincial government. Immediately after
independence, the first Act of Panchayati Raj, under the provisions of Bihar Panchayati Raj
Adhiniyam 1947 was introduced, elections were held, and Panchayats were constituted. Dr
Bhimrao Ambedkar, the father of our Constitution, provided for Village Panchayats in the State
List of the Seventh Schedule, but consistently stressed the need to incorporate reservations for
the depressed segments of our society in the structure of Panchayati Raj. The Rajiv Gandhi have
supported the reservation for the women, the objective was ‘Power to the People’ through the
Panchayats, thus making India not only the world’s biggest democracy, but also the world’s most
representative democracy.

Today, more than 26 lakh representatives stand elected to the three levels of Panchayats. Of
these, over 10 lakh are women, 5.2 lakh belong to the Scheduled Castes and 3.3 lakh to the
Scheduled Tribes (Fifteenth Anniversary Charter on Panchayati Raj, April 2008).In Bihar during
the 2006 Panchayat Elections out of the total of 8,463 Gram Kachahari 1,08,994 Panch have
been elected out of which 52,805 are women and out of 8,461 Sarpanch, 4,022 are women
Sarpanch. Out of these about 80% are illiterate, among them around 17% belong to SC/ST and
48.49% are women. The Eleventh Five year Plan, which has identified Inclusive Growth as the
overarching objective, seeks to ‘substantially empower and use PRIs as the primary means of
delivery of essential 3 services that are critical to inclusive growth.’ The Plan asserts that ‘it is
absolutely critical for the inclusiveness of our growth process that these large numbers of elected
representatives in our PRIs are fully involved in planning, implementing and supervising the
delivery of essential public services.’


 
Panchayat Institutions are the vehicles of political empowerment of people at the grass root level
for shaping their own destiny. A vast majority of people are living at the grass root level in the
rural and remote areas without any touch of modern day. A large section of such deprived people
belong to Scheduled castes, Scheduled tribes and other Backward casts as also women in general
at the grass root level.

The 73rd Constitutional Amendment (1993) had wide-ranging provisions (election after every 5
years and 33% reservation for the women, well defined Gram Shaba) was made but elections
couldn’t take place before 2001. In comparison the present Bihar Panchayati Raj Act 2006, is
unique in many ways. It has ensured 50% reservation for women in all the categories. 20%
reservation has been given to Annexure- I (of act) category of Backward Community. The
provision of Gram Kachahari has also become a part of the Act.

“Gram Kachahari” means a body consisting of persons registered in the electoral rolls comprised
within the area of Panchayat at the village level along with Nyay Mitra(LLB degree holder) and
Nyay Sachiva. In the Panchayati Raj System Gram Kachahari is the unit which deals some
limited civil and criminal cases(under Act 140, 142, 143, 145,147, 151, 153, 160, 172, 174, 178,
179, 269, 277, 283, 285, 286, 289, 290, 294, 294A, 323, 334, 336, 341, 352, 356, 357, 358, 374,
403, 426, 428, 430, 447, 448, 502, 504, 506, 510). Duration of Sarpach and other members
continue for 5 years only from the date appointed for the first meeting.
1.2 Statement of the problem

Though the state had made remarkable progress for the development of Gram Kachahari (like
appointment of Nyay Mitra and Nyay Sachiva) there is wide range of points where the Gram
Kachahari is waiting for the attention of government and the policymakers. In the last two and
half year the Gram Kachahari has already established their own impact on the society and it is in
the way for which it was made. The absence of basic knowledge regarding the rules and the
power of the Gram Kachahari in the members is an obstacle in the process. The appointment of
Nyay Mitra and the Nyay Sachiva is the one step towards the improvement of the smooth
functioning of the Gram Kachahari, the training to the Sarpach and the Panch could be more
effective.


 
1.3 Objective of the Study

1) To explore the present situation of Gram Kachahari and their impact on the society.
2) To identify the constraints in respect to the Gram Kachahari.
3) To get the views of members of the Gram Kachahari.
4) To find out the reason why the Gram Kachahari is important.
5) To discover the scope of Gram Kachahari.
6) To suggest measures to accelerate the process of empowerment and effectiveness of elected
members of Gram Kachahari in Bihar.

2. Methodology

2.1 Study Design

The study of Gram Kachahari in the Mansi and Gogri block of Khagria district in Bihar is based
on primary data collection from the field and the secondary data collection from various sources.
The data included all primary data related to the Gram Kachahari gathered from the tools of data
collection. The secondary data also used for the study to understand the background of the Gram
Panchayat. Both data are used for the analysis of the study.

2.2 Coverage of study

We stratified 10 out of 31 Gram Kachahari in the Mansi and Gogri block for survey to find out
the situation of the Gram Kachahari and practices they are doing at present.

2.3 Selection of sample

• The sampling was made randomly.


• We have used structured questionnaire to took the informationby the Sarpach of every
selected Gram Kachahari.
• We have identified 3-4 panch from Gram Kachahari and took the information on the basis
of structured questionnaire.


 
2.3 Tools of data collection

Entire study is based on the data obtained through primary and secondary sources. To assimilate
this information different tools helped us. The methods, adopted for this study are as follows-

• Focus Group Discussion: For getting a good idea about the status of Gram Kachahari in
respective Panchayat (of Gogri and Mansi block), focus group discussion was used. In
the first discussion was arranged with the members of Gram Kachahari. Discussion
included about the number of cases, type of cases, and their views on the reservation in
Gram Kachahari etc. In the second time Nyay Mitra and Nyay Sschiva were participated
in discussion. We have also focuses these discussions on the perspective of social justice
of Gram Kachahari.
• Direct observations: Visits to the Gram Kachahari during their scheduled meetings had
given the brief idea about their real functioning. The observation included the behaviour
and comments of key people. Case Studies also used to get better understanding the real
situation of the cases.
• Structured Questionnaire: We have used a structured close ended questionnaire for
getting the information from the Sarpach and panch. The participants had given their own
views in the connection with the self survey and self evaluation of the Gram Kachahari.
• Open Ended Question: We have used to ask to give some special comments regarding
the overall activity of Gram Kachahari. They gave information about various things like
the urgent needs of Gram Kachahari, their own understanding of Gram Kachahari,
importance of women in the Gram Kachahari etc.

3 Limitations of the Study


Do the findings from our sample of 10 Gram Kachahari apply to the current number of 8,463?
How representative are they of the country as a whole? We cannot claim 'statistical' confidence,
nor would we try to in the context of the numbers across state. We were aiming at quantitative
coverage but also depth of qualitative analysis, encompassing all the issues related to the Gram
Kachahari.


 
4 Study findings

4.1 Procedure for the cases

Application (by wadi) (petitioner)

Recording
(In the Register of Gk by Nyay Sachiva)

Notice (to Pratiwadi) (accused)

Meeting on fixed date

Hearing

Final Decision

Copy of Final decision (optional)

In the past clan heads and religious heads played an important role in the justice system in
societies. However, some sections of societies feel that in the modern era, such blind faith on
individuals may not be prudent and thus in present time Gram Kachahari are the best substitute
for that. As per our traditional dispute resolution process, all the villagers meet at a common
place in the village and invite the parties involved in the dispute to present their case. Generally
all the Gram Kachahari of study area is using the same procedure for the successful solution of
the cases. The Sarpanch with the other members of Gram Kachahari first tries to solve the case
orally if possible otherwise asks for a written application consisting all the details regarding the
case with the signature or thumb impression of the wadi. Then the Nyay Sachiva records the case
in the register of the Gram Kachahari and sends a notice to the pratiwadi after the discussion
with the Sarpanch. He also asks to the wadi to be present on a fixed date (one day in a Week).


 
On that fixed date the Sarpanch, Panch, Nyay Mitra and Nyay Sachiva seats for the hearing of
the case. Both the parties’ presents their own side with the help of Gawah, the Nyay Mitra
facilitates the hearing by giving the frequent suggestions to the Sarpanch. After listening the both
sides the Sarpanch and panch discusses to each other and with the consultation of Nyaya Mitra
Sarpanch decides the result of the case. Then after, the Nyay Sachiva makes a final copy of
decision of Gram Kachahari. If somebody prefers to go to the formal judicial process, he can
approach the formal courts however it is the Gram Kachahari that finally decides whether the
party can go to the court or not.

The official process of hearing in the Gram Kachahari

The bench for hearing the petition is constituted of the followings:


i) Sarpanch as the Chairperson
ii) One Panch nominated by the wadi (petitioner)
iii) One Panch nominated by the pratiwadi (accused)
iv) Two Panchs nominated by the Sarpanch
v) The Nyay Mitra and Nyay Sachiva as facilitator

These members constitute the primary bench. The Sarpanch then issues summon to the parties
concerned and witnesses also. At the outset the bench will try its best to settle the dispute
amicably by making the parties forget and forgive each other’s transgressions. In case that does
not happen, then the case has to be properly heard and disposed of within six weeks. In case of
either party not satisfied with the verdict, then the party can file an appeal to be heard by the full
bench comprising of Sarpanch and all the Panch of the Gram Kachahari.

Note: - There were no Gram Kachahari found in the Study Area where this process is in function.

4.2 Total Cases Filled in the Gram Kachahari (of Study Area) (till 8th of January 2009)

There are 1276 cases filled in the Gram Kachahari during this term out of this 1 Case challenged
in the District court and 3 Referred to the main judiciary(source: questionnaire survey) . This
small numbers of cases challenged in the District court explains the faith of the local community
towards the Gram Kachahari. This all cases are present in the records of the Gram Kachahari, but
according as the members of Gram Kachahari there are number of cases which are not recorded
but solved orally. This explains the wise trust of community towards the Gram Kachahari.


 
4.3 Cases Caste wise

Total population of Mansi and Gogri is 74297 and 212197(Census, 2001). Out of this population
majority is of OBC. During the study it was also found that the maximum numbers of cases filled
are from the OBC category.

Name of Village Category General OBC SC/ST Minorities


Gauchhari 18 48 41 0
Banni 69 116 87 1
Pakrel 8 33 10 2
Purvi Thatha 21 52 9 0
Jhiktia 35 80 8 30
Dakshini Jamalpur 68 123 71 17
Maheshkhunt 60 124 62 0
Balha 0 25 15 0
Madarpur 0 3 0 0
Amni 0 20 20 0
Total 279 624 323 50
Source:- Questionnaire Survey

Source: ‐ Questionnaire Survey 


 
4.4 Type of Cases

The Gram Kachahari which is made for considering the concept to serve the community at local
level is doing there very good work in the study area. The Gram Kachahari has solved many
cases in this term, this includes following types of cases:-

¾ Partition Suit
¾ Assault
¾ Animal Cruelty
¾ Land Dispute
¾ Others(Mischief behaviour, Public nonsense, havoc creation, Gambling etc

Source: - Questionnaire Survey and Focus Group Discussion

4.5 Reservation

As per the Bihar Panchayati Raj Act 2006, there is 50% reservation for women in all the
categories, 20% reservation has been given to Annexure- I(of act) category of Backward
Community. Almost all Sarpach and panch are in favour of reservation in the Gram Kachahari
but out of 10, two Sarpanch (of Jhiktia and Purvi Thatha) are against the reservation. According
as their opinion in the Gram Kachahari there should must be some educational qualifications.


 
They are feeling that the participation of women elected representatives (either Sarpanch or
Panch) is not frequent in Gram Kachahari.

4.6 Training

Training is main part for the understanding of anything but it was found in the study area that
neither Sarpanch nor Panch got any formal training regarding the activities of Gram Kachahari.
Along with this Nyay Mitra and Nyay Sachiva also not got any training regarding the
functioning of the Gram Kachahari.


 
4.7 Social Profile of the Respondents

The total literacy of Khagaria district is 52.02


(Census, 2001). It was found that only 9%
Sarpanch are illiterate and rest 91% is literate
(of Study area). Following graph can give the
better understanding about the educational
background of the Sarpanch.

In the study area it was found that the


percentage for Illiterate Panch is more than
the Sarpanch. Also there is no Panch
respondent have study more than 10th.

The 60 % Sarpanch in the study area falls in the OBC category and rest 40% is of SC category.
There is no representative of general or minorities. The majority of panch with 60% is of OBC
category, 27% of SC, 10% of minorities
and only 3% of general.

The Constraints in its Functioning

• About 30% of panch being


illiterate, they have to entirely
depend upon the understanding,
knowledge, wisdom and honesty of
Sarpanch, Nyay Sachiva and
Nayay Mitra
• The second constraint in its smooth
functioning is non-orientation of Sarpanchs and Panchs
• With 40% members of SC category they have no much power of decision making. The
cast is the barrier in all the process of Gram Kachahari
• Fourth, in most of the Panchayat, Mukhia of Gram Panchayat creates indirect problems in
the proper functioning of Gram Kachahari

10 
 
5.8 Comments of members of Gram Kachahari and Other Observations

• There should be requirement of some security personals for the smooth functioning of the
Gram Kachahari.
• Gram Kachahari is the very good and organized approach for the solution of the cases
locally. This will be very effective in reducing the load of main judiciary.
• Because of women Panch, the male Sarpanch is feeling that Gram Kachahari is not doing
as much as effective, what it can do with male panchs.

Other Observations

¾ In some Gram Kachahari the Sarpanch is not feeling the need of Nyay Mitra for the
decision making regarding the cases, like in Purvi Thatha.
¾ In some Gram Kachahari the Nyay Mitra is doing the work of Sarpanch i.e. s/he decides
what should be the decision regarding the case.
¾ The study observes in one Gram Kachahari (in Amni), that for the successful solution of
the cases, other elected representative of PRI (like Mukhiya of Amni panchayat) ensures
there active participation in the Gram Kachahari.
¾ Under the Bihar Panchayati Raj Act 2006, there is the provision of 50% reservation for
women in all the categories in the Gram Kachahari, under this provision they got elected
but still they are feeling shy to attend the regular meeting of the Gram Kachahari as
commented by the Sarpanch of Purvi Thatha.
¾ In some Gram Kachahari where there is women Sarpanch (in Dakshini Jamalpur), is not
interacted to the interviewer, her husband given the view on the behalf of Sarpanch. Also
for the decision making process i.e. for solution of the cases they (husband) are the
ultimate who decides what should be the decision of Sarpanch.

11 
 
5.9 SWOT analysis and problem tree for Gram Kachahari

STRENGTH WEEKNESS

Dedication Monopoly of Sarpanch

Participation of Community Lack of training

Shelf Governance Shy nature of women Panch and Sarpanch

Interactive legal camp Illiteracy

Intimidating court environment

OPPORTUNITIES THREATS

Successful solution of cases at local level Conflict with the police

Awareness creation Conflict among the members of Gk

Low cost justice Illiterate members

Gender biasness

12 
 
Problem Tree for Gram Kachahari

Inadequate Functioning

Difficulties in  Very few 
Decision Making  meetings 

Less awareness 
Insecurity Less participation

Low awareness

No training 
No infrastructure Less Interest of 
members 

Low information 
& motivation 
level
No financial 
support 

Community
Disorganized

13 
 
5 Suggestions and recommendations

5.1 Training Related

Implementation of training process


There should be three steps for the implementation of training program.

With Heads of Sarpanch


The first type of Training Camp should be organized with the Heads of Surpunch of Gram
Kachahari The idea is to convince the leaders of the need and the benefits such training would
have, in order that they could convince their own punch at the grassroots level about the
usefulness of such interactive legal judiciary sessions.

With punch
We will organize the second category of training with the punch. Such training should be in
more simple language and medium should be Hindi (the national language).

In identified villages
The third type of training should be with such type of village that has been previously identified.
Aim should be to choose those villages which is experiencing conflicts or villages where specific
instances or innovative methods have been used by the members of the village in giving effect to
the provisions of Gram Kachahari. Such camps will be eye openers in a number of ways. The
manner in which the people should organize themselves and the innovative strategies they will
use to understand the law should be remarkable.

14 
 
Objective Tree against the Problem Tree

Adequate Functioning

Easy to take  Organized 
Decision  meeting 

More Knowledge 
Security Frequent
participation

More Aware

Good training 
Good High Interest of 
infrastructure  members 

High information 
& motivation 
level
Financial support

Community
Organized

15 
 
A holistic approach for Gram Kachahari

1.) Value exploration: - How can Gram Kachahari identify new value opportunities?
Finding new value opportunities is a matter of understanding the relationship between
Gram Kachahari and local community.
2.) Value Creation: - How can Gram Kachahari efficiently create more promising new
value offerings? To create new values & benefits for the community the Gram Kachahari
have to must understand what the community thinks about, wants, does and worries about
and observe whom community admire with, and who influence them.
3.) Value Delivery: - How can Gram Kachahari use its capabilities and infrastructure to
deliver the new value offerings more efficiently? It is very important in respect to
respond appropriately, coherently and quickly to the conflict at the local level. For this all
the stackholders of Gram Kachahari i.e. elected members of Gram Kachahari, Nyaya
Mitra, Nyaya Sachiva & local community, must have to join the hands honestly to
achieve the ultimate objective of Gram Kachahari.

16 
 
Conclusion

Consequent to the 73rd Constitution Amendment Act political decentralization has taken place in
almost all the States where elections have been held. However, progress on fiscal and functional
decentralization has been mixed. There are States which have taken steps to devolve funds,
functions and functionaries to the PRIs. The process of devolution is at different levels of
operationalisation across States.
Surprisingly, the blocks of Khagaria who have had little experience of decentralization, have
made the most fundamental changes in this regard. Further, it is imperative that the Gram
Kachahari should get the resources to match the responsibilities placed on them.

17 
 
BIBILIOGRAPHY

Bihar Me Panchayati Raj Ki Ek Jhalak, 2008, CENCORED, Patna, p.14-17

Bihar Panchayt Raj Act, 2006, 2006, Law Publishing House Patna, p. 58,65,67

Bihar Panchayti Raj Adhyadesh-2006, 2006Manoj, Prakashan Patna, p.52, 58, 61, 64

“Fifteenth Anniversary Charter on Panchayati Raj”, April 2008, New Delh, p.2-3

India 2007, p. 696, Publications Division, Ministry of Information and Broadcasting,


Government of India

PACS, Bihar Panchayat Sashaktiakaran Abhiyan (BPSA), Patna, p.6-8

http://www.panchayat.com

http://www.newkerala.com/topstory-fullnews-37204.html

http://www.bipard.org/docs/e-books/GRAM%20KACHARI/GRAM%20KACHARI-INNER.pdf

http://rural.nic.in/panch.htm

http://www.hrw.org/reports/1999/india/India994-07.htm

http://en.wikipedia.org

18 
 
Annexure – I 

 
CASE STUDY – 1
 
Shri Vijay Kr. Singh hails from Amni village under Amni Gram Panchayat of
 
Mansi Block in Khagaria district. He is 10th pass. Presently he is engaged in
 
agricultural work in his native place Amni. He owns 5 acres of agricultural land
and a Pucca house. His annual income is
  Rs. 1 lac. Previously the socio-economic
condition of Shri Vijay Kr. Singh as well as villagers is not good due to flood. So,
 
Surpanch and all political leaders of this village are working on this issue.
Shri Vijay Kr. Singh with Shri Pramod  Kr.(Mukhiya of Amni panchayat is very
kind person and awarded by some status person for contribution in politics in
 
favour of public), Surpanch has transformed the village Amni into a model
 
village, totally crime - free and characterized by self-reliance, inter-caste amity
and active community participation. Shri Vijay Kr. Singh has succeeded in
 
convincing the village people that demanding or begging from the Government is
not the solution to their problems but  joining hands together. This charismatic
Sarpanch is now spreading his message  in the neighboring villages. He started his
political life from 1978 as a Cadre of CPM. Before contesting Panchayat election
2006 he was engaged in social work  in the village. He helped many people in
there need. Consequently he did not  face problem during election. Villagers
helped him to canvas support.
 
After winning the surpanch post in Panchayat election of Gram Kachahari, there is
a lot of problem. Such as place where  they can organize meetings with panch
including wadi and patiwadi because there is no building, no any registered to
 
maintain the cases. At the time, Mukhiya supported him and give permission in
panchayat bhawan for meeting. He has  faced problems in many cases like land
dispute, animal cruelty, partition suit due to facilities. Till date, there is no any
 
training for Gram kachahari’s members. Only Nyay Sachiv and Nyay Mitra are
appointed and Rs. 1088 is released for  process of Gram Kachahri. Due to lack of
training, new members of Gram Kachahari
  are not working as procedure of Gram
Kachahari which is mentioned in Panchayti Raj Act 2006.
 

Procedure to be followed while resolving the social disputes -


1. As per our traditional dispute resolution process, all the villagers meet at a
 
common place in the village and invite the parties involved in the dispute to
present their case. Firstly we attempt to  know the causes of dispute and then
accordingly we fix the amount of fine to be levied on the erring party.
 
Agreement to a solution ends up in eating something sweet by both parties.
2. If somebody prefers to go to the formal  judicial process, he can approach the
formal courts however it is the village assembly
  that finally decides whether
the party can go to the court or not.
 
These are the procedure of Amni but they do not know about limitation. The
 
members do not know many things regarding the functions of Government
officials and are confused about the Panchayti Raj System of Gram Kachahari.
 
They think this will limit the powers of the bureaucracy and the process of
Gram Kachahari could be made difficult  by factor such as illiteracy, fear of
using legal strategies due to the often-intimidating court environment, expense
 
and lack of legal acumen. That why, Surpanch is implemented traditional
 
method to solve the cases and he got success through the help of Lok Sevak
(Mukhiya and other members). Amni is only
  one panchayat in which Surpanch
and Mukhiya both are participated in the process of Gram Kachahari. Most of
 
the cases are solved by him orally. Shri Vijay Kr. Singh suggested that there
should also be arrangement of training  for the elected representatives like
women, scheduled caste and marginalized and weaker section of the society.
 
There should be expert resource person for the training.
   

 
 

 
CASE STUDY –
  2

 
In  Balha  Panchayat  recently  there  was  a  case  filled  related  to 
  the Land Dispute.  The case was filled by Mr. Lalo Pandit on the 
  Mr. Mr. Visho Chaudhdary. In the Gram Kachahari the case was 
  registered  on  the  date  of  01/01/09  by  the  written  application 
  of  petitioner  Lalo  Pandit.  There  were  4  hearings  on  the 

  different  dates  in  the  Gram  Kachahari  on  the  presence  of 

  Sarpanch, Panchs and Nyay Mitra & Nyay Sachiva. The opinions 

 
of  Gawah  were  also  recorded  as  proof.  Finally  the  case  was 
solved  on  31/01/09.    The  Gram  Kachahari  asked  to  both  Mr. 
 
Pandit and Mr. Chaudhary to make contribution of land, so that 
 
there should be a 3 ft road for petitioner within one week. This 
 
case has registration no. 01/09 in the Gram Kachahari of Balha. 
 

  In  1980‐81  there  was  partition  between  Mr.Pandit  and  Mr. 

  Chaudhary,  S/O  Shree  Chhote  Lal  Pandit  V/P:  ‐  Balha  Bazar. 


There  was  a  road  for  Mr.  Pandit(petitioner)  but  recently  Mr. 
 
Chaudhary  tried  to  block  that  road  by  asking  that  this  road  is 
 
comes under his land area and he will not allow anyone to use 
 
that.  Mr.  Pandit  asked  to  Mr.  Chaudhary  for  giving  the  same 
 
passage  as  road  but  Mr.Chaudhary  was  not  ready  then  Mr. 
 
Pandit decided to go in Gram Kachahari and he had registered 
 
a case in the Gram Kachahari. Finally the case was solved and 
 
both  the  parties  were  happy  with  the  decision  of  the  Gram 
  Kachahari. 
 

 
CASE STUDY – 3
 

  In Balha Panchayat recently there was a case filled related to the 

  Assault.  The case was filled by Mr. Sanjay Chaudhary on the Mr. 

 
Sohan  Chaudhary.  In  the  Gram  Kachahari  the  case  was 
registered on the date of 02/01/09 by the written application of 
 
petitioner  Lalo  Pandit.  There  were  2  hearings  on  the  different 
 
dates  in  the  Gram  Kachahari  on  the  presence  of  Sarpanch, 
 
Panchs and Nyay Mitra & Nyay Sachiva. The opinions of Gawah 
 
were  also  recorded  as  proof.  Finally  the  case  was  solved  on 
 
10/01/09.  The Gram Kachahari asked to Mr. Sohan Chuadhary 
 
to give Rs.500 in the form of hospital fee. Along with this there 
 
was  a  punishment  of  Rs.200  to  each  party  that  should  be 
  submitted  to  the  account  of  Gram  Kachahari.  This  case  has 
  registration no. 02/09 in the Gram Kachahari of Balha. 
 
On 25/12/2008 Mr. Sohan Chaudhary S/O Mr.Nisho Chaudhary 
 
V/P: ‐Balha Bazar after drinking the wine made assault with Mr. 
 
Sanjay Chaudhary S/O Late Mr. Chhedilal Chaudhary V/P: ‐Balha 
 
Bazar  in  the  evening.  Both  abused  to  each  other  after  the 
  intervention of local people the assault was ended with tension. 
  By  the  suggestion  of  a  friend  Mr.  Sanjay  Chaudhary  had  given 
  application to the Gram Kachahari and finally he got justice. Mr. 
  Sohan Chaudhary told after the decision of  Gram Kachahari that 
  will never take wine. 
 

  CASE STUDY – 4

   
In  Dakshini  Jamalpur  Panchayat  recently  there  was  a  case 
filled  related  to  the  money   dispute.    The  case  was  filled  by 
Mr.  Jeetan  Sah  on  the  Mr.  Vakil 
Annexure I Chaurasia  .  In  the  Gram 
Kachahari the case was registered on the date of 24/07/08 by 
the  written  application  of  petitioner  Jeetan  Sah.  There  were 
10 hearings on the different dates in the Gram Kachahari on 
the  presence  of  Sarpanch,  Panchs  and  Nyay  Mitra  &  Nyay 
Sachiva. The opinions of Gawah were also recorded as proof. 
Finally  the  case  was  solved  on  27/09/2008.    The  Gram 
Kachahari  asked to  Mr.  Vakil  Chaurasia  to Return  the  all  the 
principle  amount  and  interest  what  he  had  borrowed  from 
Mr.  Jeetan  Sah  8  year  before.  This  case  has  registration  no. 
2G/2008 in the Gram Kachahari of Dakshini Jamalpur.  

In  2001  Mr.  Vakil  Chaurasia  borrowed  a  principle  amount 


from  Mr.  Jeeetan  Chaurasia  on  interest  to  buy  land. 
According  as  petitioner,  accused    Mr.  Chaurasia  refused  to 
return  the  money  so  Mr.  Sahu  had  filled  a  case  in  the 
Khagaria Court and after a no. of hearings the case got no any 
solution and hearings were running so he had decided to go 
in Gram Kachahari. In the opinion of both Mr. Chaurasia and 
Mr.Sahu  both  are  happy  with  the  decision  of  the  Gram 
Kachahari 
Annexure II

Questionnaire – Gram Kachahari

(for Sarpach)
1.) Name of GK (………………………………….)

2.) Name of Sarpanch (…………………………… ……)

i.) Caste (……………………………..)

ii.) Education (.………………....…………..)

iii.) Marital status (Married/Unmarried)

iv.) Occupation (…………………...)

3.) Population of Gram Panchayat

i.) General (………………)

ii.) OBC (………………)

iii.) SC & ST (………………)

iv.) Minorities (………………)

4.) How many cases lodged during this term (till 8th of January 2009)?

(………………………)

5.) Cases lodged in GK, caste wise.

i.) General (………………)

ii.) OBC (………………)

iii.) SC & ST (………………)

iv.) Minorities (………………)

6.) Number of Judgment of GK challenged in District court. (………………)


7.) How many cases successfully solved? (………………)

8.) How many cases have been referred to the main judiciary? (………………)

9.) Is there any record for the case proceedings? (Yes/No)

10.) For future prospective, is this record will be beneficial? (Yes/No)

11.) What is the earning of GK in the form of fee for dealing the cases during this term

(till 8th of January 2009)?

a.)<1000 b.) 1000-2000 c.)2000-5000 d.) >5000

12.) Is GK having Nayay Mitra and Nayay Sachiva (Secretary)?

(Yes/No)

13.) Have you got any training in respect to the GK? (Yes/No)

14.) Is the reservation in GK election is right? (Yes/No)

15.) How would you rate the GK?

Outstanding(1) Very Good(2) Good(3) Satisfactory(4) Bad(5)

Type of cases

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Annexure III

Questionnaire – Gram Kachahari 

(for Panch) 
16.) Name of GK                                 

(………………………………………………………………………………….) 

17.) Name of Panch                           

(…………………………………………………………………………………) 

v.) Caste                               (……………………………..) 

vi.) Education                       (.……………….…………..) 

vii.) Marital status               (Married/Unmarried) 

viii.) Occupation                (…………………………...) 

18.) Have you got any training in respect to the GK?       (Yes/No) 

19.)  Is the reservation in GK election is right?         (Yes/No) 

20.) How would you rate the GK? 

Outstanding(1)  Very Good(2)    Good(3)  Satisfactory(4)   Bad(5) 

 Special Comments 

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