Ajay Rastogi, J. - (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 u/s.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 u/s.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.;