The petitioner has filed the present petition in the nature of quo warranto against respondent No. 5.

2. Brief facts of the case are that the petitioner is an employee of Municipal Council, Nepa Nagar. He was appointed as Sub Engineer in the services of Municipal Council Nepa Nagar. Respondent No. 5 was appointed on the post of Assistant Grade-III vide order dated 26-7-2015. Thereafter, respondent No. 5 has been arrested by the police for the offences under sections 302, 201 read with 34 of the Indian Penal Code. The Chief Municipal Officer seek guidance from the Divisional Deputy Director, Urban Administration. The Deputy Director wrote that action under Rule 53 of the M.P. Municipal Services (Recruitment and Conditions of Services) Rules, 1968 be taken against the petitioner (sic : Respondent No. 5). Accordingly, the CMO has passed the order dated 23-8-2005 thereby placing respondent No. 5 under suspension. Thereafter respondent No. 5 was convicted by the Additional Sessions Judge, Burhanpur vide judgment dated 26-8-2008 with imprisonment of life. Against the said judgment, respondent No. 5 filed a criminal appeal No. 1931/2008 and in the said appeal this Court vide orde