By Nisser Dias 9th Dec 2014
*Civil courts must hear tenancy cases. Mamladar offices are a hotbed of corruption* For the last few weeks there has been a furore from various quarters – mostly from elected bodies and elected representatives and more so from those who have not been elected by the people. Their demand is to repeal the amendments to the Tenancy Act passed by the Legislative Assembly in the recent past. The one point demand is not to transfer cases related to Tenancy Act to the regular courts. These cases were being decided by Mamladars. Arguments are being put forth that the government is going to cause great injustice to tenants by this amendment as they would have to approach the courts and since courts are overburdened with other matters, tenancy cases would not be taken up for hearing and hence there would be a delay. This is the most absurd argument because these cases will be settled much faster in regular courts than in Mamladar’s court. Simply because judges and magistrates are not chartered for election duty nor are they bound by Election Code of Conduct to pass judgments. They cannot be summoned by politicians and more importantly politicians do not have the guts to dial any judge or magistrate and direct him how to pass the order or judgement. Whereas Mamladars are susceptible to all of the above. It has been a trend that if politicians wanted any case in Mamladars’ court to be decided in a particular fashion the former had to just lift the phone and order a particular judgement from the latter. So in lots of cases orders were pronounced not as per law but as per the dictats of politicians. But now that liberty has been taken away from their hand and they are feeling helpless and hence the demand to repeal this amendment. That apart it is a harrowing experience to attend Mamladar’s court. Firstly these courts are held only in the afternoon session beginning at 3.00pm. Mind you the regular courts commence the afternoon session at 2.30pm. It is only at 3.00pm in the afternoon that you will come to know whether the Mamaldar will conduct the court or whether he is on leave. Only at that time in the afternoon you will be told whether the Mamladar has been summoned by a minister or whether he is attending law and order situation and is in a meeting with the Collector. It is only at 3.00pm that you will be informed that the government has chartered the Mamladars to take governance to the door steps of the ‘Janata’ (people). While Assembly is in session litigants are told that cases are being adjourned as the presence of Mamladars is required in the Assembly. When elections are announced functioning of Mamladar offices come to a grinding halt as they are assigned to election duty. Even in case of passing orders after final hearings litigants are told they are not allowed to do so as Election Code of Conduct is in force. This might sound illogical but it is the ground reality. So the government’s move to bring all Tenancy cases under the jurisdiction of the court is a welcome move. There are other advantages also of these cases being transferred to courts as there is defined system in the functioning of the courts unlike any other government office. And each court staff has a particular job to perform. It is very rare that you will find day’s work carried forward to the next day. Every file has to be up-to-date. No file is pending because that particular person is on leave. Litigants do not have to keep making trips to the courts offices to collect orders or judgments. They are not held back because the magistrates or judges have not signed them. If an order or judgment has to handed over to a litigant on a particular day one can be assured it will be given. Unlike Mamladar offices where people are made to suffer. For any applied document they are first called with 8 days, then it becomes a fortnight and then are told all sort of excuses like ‘photo copier is not working’, ‘the peon who has to make copies is on leave’ or ‘document is ready but not signed by the mamladar’. The Mamladar office staff or rather the Mamladar has bookful of excuses to delay work or shirk duty. The ultimate sufferer is the public. Even worse is the fact that no files move in the Mamladar’s office without hands being greased. From the peon to the clerk money has to change hands otherwise files mysteriously disappear from office for months only to appear once again when money exchange hands. The government’s move to bring about this amendment to transfer tenancy cases from Mamladar’s court to regular courts is laudable and beneficial to the people. The government should not buckle under the pressure of other elected bodies. -- Nisser
