- (1.) AGGRIEVED by the election of the petitioner as Sarpanch of Gram Panchayat village Chhotian, Tehsil Sunam, District Sangrur, respondent No. 2 presented an election petition with the competent authority alongwith an application for interim relief praying therein for restraining the petitioner from discharging his duties as Sarpanch. The application for the grant of interim relief was dismissed by the concerned authority with the result that respondent No. 2 filed an appeal before respondent No. 3 who vide order impugned in the petition (Annexure P-3) set aside the order of the authority conducting the election petition and held, "the election of respondent No. 1 as Sarpanch is illegal and void and therefore the appellant is entitled to the grant of temporary injunction as prayed for". The order of the appellate authority impugned in this petition is alleged to be without jurisdiction and contrary to the provisions of the law applicable in the case.
(2.) WE have heard the learned counsel for the parties appearing in the case and have decided to dispose of this petition at the preliminary stage.
(3.) IT is acknowledged position of law that a right of appeal is neither natural nor inherent right attached to the litigation but is the creation of statute. A right of appeal is a substantive right and cannot be termed to be a procedural matter. As the appeal is the creation of a statute, the nature and character of the right to appeal is always controlled by the provisions of the relevant statute. It is also settled that the parties cannot confer a right of appeal upon themselves in any matter either by agreement or by acquiescence. Inherent lack of jurisdiction to entertain the appeal cannot be permitted to be cured by the consent, waiver or acquiescence of the parties. The Supreme Court in Ganga Bai v. Vijay Kumar,1 A. I. R. 1974 S. C. 1126 held: ". . . There is a basic distinction between the right of suit and the right of appeal. There is an inherent right in every person to bring a suit of a civil nature and unless the suit is barred by statute, one may, at one's peril, bring a suit of one's choice. It is no answer to a suit, however frivolous the claim, that the law confers no such right to sue. A suit for its maintainability requires no authority of law and it is enough that no statute bars the suit. But the position in regard to appeall is quite the opposite. The right of appeal inheres in no one and therefore one appeal for its maintainability must have the clear authority of law. That explains why the right of appeal is described as a creature of statute. ";