The right to file an appeal under Sec. 51(5) of the Haryana Panchayati Raj Act, 1994 is given to the person aggrieved by an order passed under clauses (1), (3) and (4) of the section.

JAWAHAR LAL GUPTA, J.

1. Is the complainant entitled to file an appeal against an order of rejection of the complaint under Sec. 51(5) of the Haryana Panchayati Raj Act, 1994 ? This is the short question that arises for consideration in this writ petition. A few facts, as relevant for the decision of this case, may be briefly noticed.

2. Elections to the office of Sarpanch, Gram Panchayat, Village Tihara, Tehsil Bawal, District Rewari were held in March, 2000. On 21/07/2000, the petitioners filed a complaint. Notice of the complaint was issued to the third respondent, who was holding the office of Sarpanch. She filed her reply. A regular enquiry was ordered to be held. On 14/06/2001, the Additional Deputy Commissioner, who had been appointed as the Inquiry Officer, submitted his report. The matter was considered by the Deputy Commissioner. Vide order dated 18/06/2001, a copy of which has been produced as Annexure P-9 with the writ petition, the report was accepted. Aggrieved by this order, the petitioners, who had filed the complaint, submitted an appeal to the Financial Commissioner. Finding that the petitioners had no locus standi to file the appeal, the Authority dismissed the appeal vide order dated 7/11/2001. A copy of this order as has been produced as Annexure P-10 with the writ petition. The petitioners have now approached this Court with the prayer that the orders, copies of which are at Annexures P-9 and P-10, be quashed.

3. The solitary contention raised by Mr. R.S. Sihota, learned counsel for the petitioners is that the Financial commissioner has erred in taking the view that the petitioners were not aggrieved persons so as to be entitled to challenge the order passed by the Deputy Commissioner.

4. It would be apt to notice the provisions of Sec. 51 in extenso. It provides as under :-

51. Suspension and removal of a Sarpanch or Panch.- (1) The Director or the Deputy Commissioner concerned may, suspend any Sarpanch or Panch, as the case may be, (a) where a case against him in respect of any criminal offence is under investigation, enquiry, or trial, if in the opinion of the Director, or Deputy Commissioner concerned the case made or proceeding taken against him, is likely to embarrass him in the discharge of his duties or involves moral turpitude or defect of character; (b) during the course of an enquiry for any of the reasons for which he can be removed, after giving him adequate opportunity to explain. (2) Any Sarpanch or Panch, as the case may be, suspended under sub-section (1), shall not take part in any act or proceeding of the Gram Panchayat during the period of his suspension and shall hand over the records, money or any other property of the Gram Panchayat in his possession or under his control- (i) if he is a Sarpanch to a Panch commanding majority in the Gram Panchayat; (ii) if he is Panch to Sarpanch : Provided that the suspension period of a Panch or a Sarpanch, as the case may be, shall not exceed one year from the date of handing over the charge in pursuance of the suspension order except in criminal cases involving moral turpitude. (3) The Director or the Deputy Commissioner concerned may, after such enquiry as he may deem fit and after giving an opportunity of being heard to a Sarpanch or a Panch, as the case may be, ask him to show cause against the action proposed to be taken against him, and by order remove him from his office. (a) if after his election he is convicted by a criminal Court for an offence involving moral turpitude and punishable with imprisonment for a period exceeding six months; (b) if he was disqualified to be a member of the Gram Panchayat at the time of his election; (c) if he incurs any of the disqualifications mentioned in Sec. 175 after his election as member of the Gram Panchayat; (d) if he is absent from five consecutive meetings of the Gram Panchayat without prior permission or leave of Gram Panchayat; and (e) if he has been guilty of misconduct in the discharge