The necessary and proper party in a challenge to the validity of an order is determined based on the authority that passed the impugned order.

1. :- The applicants in this application for being impleaded as respondents are Panchas of Gram Panchayat, Naroli Dang, District Sawaimadhopur.

2. In the writ petition the petitioner who is Sarpanch of the said Gram Panchayat, has challenged the validity of the order passed by the State Government whereby the petitioner has been suspended from the office of Sarpanch. The applicants are seeking to be impleaded as parties on the ground that they had made a complaint against the petitioner and on the basis of the said complaint a preliminary enquiry was held and the impugned order of suspension was passed. It may be that the applicants made the complaint on the basis of which the impugned order of suspension was passed. But in so far as the present proceedings are concerned, the necessary and proper party can only be the State Government which has passed the impugned order. The applicants can neither be regarded as necessary parties nor they could be regarded as proper parties. The application is, therefore, dismissed.Application dismissed.

*******