1 ( 70. )
2 42, The plaintiff or defendant may challenge three-out of -the five
3 persons named. The merits of this challenge are summarily decided:
4 upon by the Head of the Court, and his decision is final.
5 43, No Punchayetdar can be changed after the commencement of
6 the investigation, unless in a case of urgent necessity or sickness, Under
7 such circumstances four members are permitted to continue the inquiry, ©
8 an account of what has passed being given to the absent member when
9 he returns. Should only three members remain to prosecute the inquiry,
10 if it is nearly ended, and all three are unanimous in opinion, it is optional:
11 with the Head of the Court to direct them to conclude the matter or to
12 take two new members.
13 44, Every Punchayet sits in open Court and free access to hear the
14 proceedings is permitted.
15 45. No person of bad character, or who is only a Court hanger-on,
16 4. €, not a permanent resident in the neighbourhood, is permitted to sit
17 on any Punchayet whatever.
18 46. Punchayetdars are permitted to retire to a separate room to con-
19 sult upon and draw up their Mahazur. Undue influence to induce them
20 to decide against their judgment is most strictly prohibited, although
21 ’ the Head of the Court, on receipt of the Mahazur, is authorized to point
22 out any discrepancy which he may perceive in it, and is at liberty also to
23 suggest, if requisite, that the Punchayetdars should more fully explain the’
24 reasons of their decision, or re-consider their opinion. It is optional with
25 the Punchayetdars to adopt or reject these suggestions, and in the latter
26 case it is necessary that the Head of the Court should in his decree
27 mention his reasons for differing from the Punchayet in opinion.
28 47. Should the plaintiff or defendant be a foreigner, he is permitted
29 to place a list of his own country-people before the Court, out of which
30 the Judge chooses by lot two additional persons to sit on the inquiry.
31 In such cases the Punchayet is composed of seven members.
32 48. Unless in cases of glaring injustice, gross partiality, or corruption,
33 it is not deemed advisable to set aside the opinion of the majority of a
34 Punchayet, nor in any instance, is. the opinion of the minority to form
35 the basis of a decree. A new trial may be ordered, but only under
36 extraordinary circumstances,
37 49, Professional Vakeels are not recognized by the Courts and are
38 eae otherwise discouraged. In cases of “necessity a plain-
39 tiff or defendant is at liberty to appoint some other