BHAGWAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Is the complainant entitled to file an appeal against an order of rejection of the complaint under Section 51(5) of the Haryana Panchayati Raj Act, 1994? This is the short question that arises for consideration in this writ petition. A few facts, as relevant for the decision of this case, may be briefly noticed.

(2.) Elections to the office of Sarpanch, Gram Panchayat, Village Tihara, Tehsil Bawal, District Rewari were held in March, 2000. On 21/07/2000, the petitioners filed a complaint. Notice of the complaint was issued to the third respondent, who was holding the office of Sarpanch. She filed her reply. A regular enquiry was ordered to be held. On 14/06/2001, the Additional Deputy Commissioner, who had been appointed as the Inquiry Officer, submitted his report. The matter was considered by the Deputy Commissioner. Vide order dated 18/06/2001, a copy of which has been produced as Annexure P-9 with the writ petition, the report was accepted. Aggrieved by this order, the petitioners, who had filed the complaint, submitted an appeal to the Financial Commissioner. Finding that the petitioners had no locus standi to file the appeal, the Authority dismissed the appeal vide order dated 7/11/2001. A copy of this order as has been produced as Annexure P-10 with the writ petition. The petitioners have now approached this Court with the prayer that the orders, copies of which are at Annexures P-9 and P-10, be quashed.

(3.) The solitary contention raised by Mr. R.S. Sihota, learned counsel for the petitioners is that the Financial commissioner has erred in taking the view that the petitioners were not 'aggrieved persons' so as to be entitled to challenge the order passed by the Deputy Commissioner.