The Lok Adalat cannot entertain any applications where judicial orders are required as proceedings before it are not judicial in nature, the Kalaburagi bench of the Karnataka high court ruled recently. The court clarified that while a judicial officer may preside over the Lok Adalat as a conciliator along with an advocate-conciliator, their role is limited to that of a conciliator and not that of a judge. The judgment came in response to a petition filed by a resident of Indi in north Karnataka’s Vijayapura district who challenged a compromise agreement passed by the taluk legal authority of Sindagi.
The Lok Adalat, comprising the Sindagi civil judge (senior division) and JMFC as conciliator no. 1 and the member-secretary of the taluk legal services committee as conciliator no. 2, passed a compromise decree under order 23, rule 3, of CPC in the property suit. However, when the petitioner received notice regarding the execution of the compromise decree in 2018, it was challenged in the high court.
Justice V Shrishananda noted that Lok Adalat is not a judicial forum and its conciliators do not have the power to accept a compromise agreement or pass a decree. The court set aside the compromise decree and directed the Sindagi court to dispose of the suit by the end of 2024. The judgment, however, stated that the order will not prevent the parties from amicably settling the dispute if they intend to do so.
This ruling by the Karnataka high court clarifies the limits of Lok Adalat’s powers and reinforces the role of a conciliator as a facilitator of settlement rather than a judicial authority. It highlights the importance of differentiating between the functions of a Lok Adalat and a regular court of law. The judgment also emphasizes that a Lok Adalat is not authorized to pass orders requiring judicial authority. The decision will have implications on the jurisdiction and functioning of Lok Adalats in future cases.