DARSHAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner, who is the Sarpanch of Gram Panchayat, Seonsar, Tehsil Pehowa, District Kurukshetra, State Haryana assails validity of the order dated July 31, 2002 passed by the Financial Commissioner & Secretary to the Government Haryana, Development and Panchayats Department, Chandigarh as contained in Annexure P-11 allowing the Appeal No. 81 of 2002 filed by respondent No. 5 and disqualifying him (the petitioner) to continue as Sarpanch and consequently declared his office to be vacant. While allowing the Appeal, the Financial Commissioner has also over-ruled the preliminary objection raised by the petitioner that respondent No. 5 has no locus to file his Appeal.

(2.) VIDE order dated 27.2.2003 this writ petition was admitted for its hearing by a Full Bench, which is reproduced below :-

(3.) MR . Rajesh Gumber, learned counsel appearing on behalf of the petitioner by placing reliance on Bhagwan Singh's case (supra) contended that the Appeal of respondent No. 5, who was complainant, before the Financial Commissioner was not maintainable and thus the preliminary objection raised by the writ petitioner should have been upheld.