The interim direction passed by the learned Single Judge permitting the respondent No.1 to remain in the office of the Sarpanch, despite her declared disqualification by the Election Tribunal, was not countenanced by section 25 of the Rajasthan Panchayati Raj (Election) Act, 1994 and thus, could be considered a final order for the purpose of appeal under Rule 134 of the High Court Rules.

1. The present appeal witness is a challenge, in particular, to the direction contained in the order dated dated 24.05.2013 passed in S.B.Civil Writ Petition No.8379/2013 (Smt. Komal Devi v. Smt. Bhagwati Devi & Others ) permitting the respondent No.1 to remain in charge of the office of Sarpanch, Gram Panchayat Vijaypura, Tehsil Thanagali District Alwar subject to the final decision in the writ proceedings.

2. Heard Mr. R.K. Agarwal, learned Senior Counsel with Mr. Kamlesh Kumar Sharma, for the appellant, Mr. Biri Singh Sinsinwar, learned Senior Counsel with Mr. Rajesh Choudhary, for respondent No.1 and Mr. Sanjeev Prakash Sharma, learned Senior Counsel with Mr. Abhishek Sharma, for respondent No.4.

3. The facts, in short, leading to the filing of the instant appeal are that the respondent No.1 was elected in an election conducted under the Rajasthan Panchayati Raj (Election) Act, 1994 (for short, hereinafter referred to as the 'Act') to the aforementioned post. It was a multi corner contest, in which, amongst others, the appellant and the respondent No.4 also did partake in the electoral process. Contending that the respondent No.1 was, under the relevant law, disqualified to be elected to the post and election petition was filed by the appellant under section 43 of the Act read with Rule 80 of the Rajasthan Panchayati Raj (Election) Rules, 1994 (in short, hereinafter referred to as the 'Rules') assailing her election. The respondent No.1 and other respondents entered appearance and contested the trial, on the culmination whereof the learned Election Tribunal by its judgment and order dated 08.05.2013 declared the election of the respondent No.1 void and did set aside the same. It, however, declared the appellant to be the elected Sarpanch for the reason that she (appellant) had polled the second highest votes. Consequent to this determination, the charge of the office of Sarpanch, Gram Panchayat Vijaypura, Tehsil Thanagali District Alwar was handed over to the appellant on 15.05.2013 and according to her, she is holding the said post as on date. Being aggrieved by the annulment of her election, the respondent No.1 invoked the writ jurisdiction of this Court in S.B.Civil Writ Petition No.8379/2013.

4. In the order impugned, the learned Single Judge observed, inter alia, by taking note of the decision of this Court in Smt. Ummed Kanwar v. Prabhu Singh & Ors., [2012(4) WLC (Raj.) 14] and of the Supreme Court, amongst others, in Vishwanatna Reddy v. Konappa Rudrappa Nadgouda Anr. [AIR 1969 SC 604] that in a multi corner contest, a candidate, who had secured second highest votes, cannot be declared the elected candidate, in case the election of the returned candidate is interfered with. The learned Single Judge next on hearing the learned counsel for the parties present being of the view that the matter requires further consideration issued notice to the respondents, other than respondent No.1, making it returnable by four weeks. In the interim, however, the operation of the impugned order dated 08.05.2013 of the learned Election Tribunal was stayed and the charge of the office of Sarpanch, Gram Panchayat Vijaypura, Tehsil Thanagali District Alwar was directed to remain with the respondent No.1 subject to final decision of the writ petition. Being dissatisfied with the interim arrangement, in particular, the appellant seeks remedial intervention in the appeal.

5. Mr. Agarwal has argued with reference to section 25 of the Act that whenever the election of the Member or Deputy Chairman of the Sarpanch, Gram Panchayat Vijaypura, Tehsil Thanagali District Alwar is declared to be void on any one or more grounds as enumerated therein, the person concerned has to forthwith hand over the charge of his/her office in the mode prescribed and that therefore, in the face of the determination made by the Election Tribunal under the Rules that the election of the respondent No.1 to the office of Sarpanch, Gram Panchayat Vijaypura, Tehsi