MAHAVIR SINGH SARPANCH Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER was elected as Sarpanch of Gram Panchayat, Adhyana, Tehsil and District Panipat in the elections held in December, 1991. Respondents Nos. 4 to 7 made a complaint against the petitioner that he had misused the office as Sarpanch and committed many irregularities. A regular enquiry was ordered on 26th February, 1992 against the petitioner under Section 102 (2) of the Punjab Gram Panchayat Act, 1952 by the Director, Panchayats, Haryana and Additional Deputy Commissioner, Panipat was appointed as Enquiry officer. Simultaneously Director, Panchayats, Haryana passed an order placing the petitioner under suspension. Against the order of suspension, petitioner filed an appeal under Section 102 (5) of the Act before the Commissioner and Secretary to Government Haryana, Panchayats Department, Haryana. The Appellate Authority granted stay of the operation of the order of suspension. The appeal is still pending before the Appellate Authority.

(2.) RESPONDENTS No. 4 to 7 filed an application under Order 1 Rule 10 of the Civil Procedure Code before the Appellate Authority for being impleaded as parties in the appeal filed by the petitioner. Vide order dated 26th May, 1992 the said application of respondents No. 4 to 7 was allowed by the Appellate Authority and they were ordered to be impleaded as respondents in the appeal. A copy of the order has been attached as Annexure P-4 to the writ petition. It is this order that has been impugned in the present writ petition.

(3.) NOTICE of motion was issued to the respondents. Written statement has been filed on behalf of respondents No. 1, 2 and 3. Notice of motion was issued to the respondents. Written statement has been filed on behalf of respondents No. 1,2 and 3.