Binod Kumar Roy, C.J.- The petitioner, who is the Sarpanch of Gram Panchayat, Seonsar, Tehsil Pehowa, District Kurukshetra, State Haryana assails validity of the order dated July 31, 2002 passed by the Financial Commissioner & Secretary to the Government Haryana, Development and Panchayats Department, Chandigarh as contained in Annexure P-11 allowing the Appeal No. 81 of 2002 filed by respondent No. 5 and disqualifying him (the petitioner) to continue as Sarpanch and consequently declared his office to be vacant. While allowing the Appeal, the Financial Commissioner has also over-ruled the preliminary objection raised by the petitioner that respondent No. 5 has no locus to file his Appeal.

2. Vide order dated 27.2.2003 this writ petition was admitted for its hearing by a Full Bench, which is reproduced below :-

"Whether a person, at whose instance enquiry is initiated against the Sarpanch or Panch of a Gram Panchayat under Section 51 of the Haryana Panchayati Raj Act, 1924 (for short, the Act), can file an appeal under Section 51(5) of the Act is the question which arises for determination in this petition filed by petitioner-Darshan Singh for quashing order dated 31.7.2002 (A