JUDGMENT 1. - Before the matter could be taken up for admission, application has been filed by applicant Fateh Chand under Order 1, Rule 10 CPC seeking permission of this Court for his impleadment as party respondent to the instant proceedings on the premise that he was a complainant and on whose behest inquiry was initiated against the petitioner and the state authority while holding him guilty has taken final decision under section 38(1) of the Act,1994 which is impugned in the instant petition. 2. Mr. Saksena, counsel for applicant, submits that applicant alone is in a position to unfold whole of the controversy raised in the instant petition and can apprise this Court regarding allegation and the enquiry held by the authority and thus at least he is a proper party to be heard in the present proceedings. 3. Mr. Alok Sharma, Senior Counsel assisted by Mr. Rishab Khandelwal, submits that this is the second term of the petitioner as Sarpanch and prior thereto the present complainant was elected Sarpanch of Gram Panchayat Devalia Kalan and only because of personal political vendetta complaint was made against the petitioner and further submits that he might be a messenger informing to the state authorities but after the inquiry being held and final order under section 38(1) of the Act,1994 impugned herein has been passed by the State Government who is party impleaded as respondent to defend its action, in these circumstances the applicant is neither proper nor necessary party to the instant petition. 4. The applicant might be a complainant as alleged but once the State Authority has taken cognisance against the petitioner on the complaint being made and after enquiry was held, took final decision which is impugned in the instant petition, it is only the state authority who is supposed to be heard in the matter whose decision is impugned in the instant petition. 5. In the considered opinion of this Court the present applicant is neither proper nor necessary party to the instant petition. 6. Consequently, the application filed on behalf of applicant Fateh Chand being devoid of merit is hereby rejected. 7. Heard. Admit. Issue notice of writ & stay petition, returnable by four weeks. Notices may be given 'dasti', if desired. PF & notices be filed within seven days, failing which stay order shall automatically stand vacated without further reference to this Court. 8. 7. Heard. Admit. Issue notice of writ & stay petition, returnable by four weeks. Notices may be given 'dasti', if desired. PF & notices be filed within seven days, failing which stay order shall automatically stand vacated without further reference to this Court. 8. In the meanwhile, operation of order passed by the respondent dated 27.01.2011 till further orders shall remain stayed.Application Dismissed Issue Notices. *******