The Allahabad High Court recently addressed procedural irregularities concerning the functioning of Lok Adalats, emphasizing that they cannot initiate cases suo-motu or dismiss matters merely due to the absence of a party. The ruling came after a cheque-bounce complaint was dismissed by a Lok Adalat in Etah because the complainant did not appear. The Court quashed this dismissal and directed that the case be returned to the Chief Judicial Magistrate for continuation from the stage at which it was prematurely concluded.
The bench, led by Justice Anish Kumar Gupta, highlighted that Lok Adalats operate under specific statutory provisions and procedural guidelines. They are empowered to facilitate settlements only with the mutual consent of the parties involved. Suo-motu jurisdiction, or taking up a matter on the Court’s own motion without informing the parties, is beyond their authority. The Court underscored that any action taken without consent, including dismissal for non-appearance, violates the procedural mandate and the rights of the parties.
Furthermore, the Court stressed that if no settlement is reached in a Lok Adalat, the case must be returned to the appropriate court rather than being dismissed outright. This ensures that the complainant’s rights are protected and that the legal process continues in accordance with established norms. The Court specifically noted that the judicial officer responsible for the irregular action had failed to adhere to these principles and issued a warning to prevent recurrence.
This judgment reinforces the framework within which Lok Adalats must operate, maintaining procedural fairness and safeguarding the interests of all parties. It clarifies that dismissal for non-appearance or taking up matters without consent undermines the statutory purpose of Lok Adalats as alternative dispute resolution forums. The ruling ensures that cases retain their legal standing and continue in the regular judicial system when settlements are not achieved, upholding the principles of justice and due process.
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