Gohil, J. -- 1. The appellant has filed this writ appeal under section 2 (1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005, against the order dated 29.8.2007 passed by the learned Single Judge in Writ Petition No. 2941/04 (S).

2. Brief facts of the case are that the respondent No.1 was appointed as Panchayat Karmi and thereafter he was also notified as Panchayat Secretary by the prescribed authority i.e. the Collector. A show cause notice was issued to the petitioner/respondent No.1 on 8.7.2004 by Joint Director, Panchayat and Social Welfare that why his powers as Panchayat Secretary be not withdrawn and he be de-notified to function as Panchayat Secretary. Reply of the aforesaid show cause notice was filed and thereafter on the basis of the order given by the Collector, the Joint Director communicated the order on 20.7.2004 denotifying the powers of the respondent No. 1 as Panchayat Secretary. Appeal against the aforesaid order was preferred before the Commissioner, Gwalior Division, Gwalior under section 91 of the M.P. Panchayat Raj Evam Gram Swaraj Adhiniyam, 1993, (hereinafter shall be referred as 'Adhiniyam 1993'), which was dismissed, against which the respondent No. 1 filed a Writ Petition No. 2941/04. By order dated 29.8.2007, learned Single Judge allowed the Writ Petition, set aside the impugned order passed by the Collector dated 20.7.2004 and Annexure P-4 as well as order dated 12.10.2004 (Annexure P-6) passed by the Commissioner in appeal, against which the Gram Panchayat, Bamrol through its Sarpanch has filed this appeal.

3. We have heard the learned counsel for the parties and perused the record.

4. Shri Arvind Dudawat, learned counsel for the respondent No. 1 raised an objection about the maintainability of the appeal. His submission is that though the appeal has been filed by the Gram Panchayat, Bamrol through its Sarpanch, but there is no resolution about the filing of the appeal by Sarpanch on behalf of Gram Panchayat. Therefore, his submission is that without taking authority from the Gram Panchayat and without resolution of the Gram Panchayat, the Sarpanch has no power to file an appeal. It was submitted by Shri Dudawat that the executive power of the Panchayat vests in the Secretary and Gram Panchayat means the whole Panchayat and not its Sarpanch.

5. Section 11 of the Adhiniyam 1993 reads as under:

"11. Incorporation of Panchayat.-- Every Gram Panchayat, Janpad Panchayat and Zila Panchayat shall be body corporate by the name specified, therefore in the order under section 3 for village or notification under section 10 for Janpad Panchayat and Zila Panchayat as the case may be, having perpetual succession and a common seal and shall by the said name, sue and be sued and shall subject to the provisions of this Act and the rules made thereunder, have power to acquire, hold or transfer property movable or immovable, to enter into contracts and to do all other things necessary for the purpose of this Act."

6. Section 49 of the Adhiniyam 1993 deals about the function of Gram Panchayat. Rules have been framed regarding the power and functions namely "Madhya Pradesh Panchayat (Powers and Function of Sarpanch and Up-sarpanch of Gram Panchayat, President and Vice-President of Janpad Panchayat and Zila Panchayat) Rules, 1994" (for short Rules of 1994), but in these rules, it is nowhere provided that who will sue on behalf of the Panchayat. On the basis of section 11 of the Adhiniyam 1993, Gram Panchayat being body corporate can sue and can be sued. As per the general interpretation of section 11, the power shall not vest in the Sarpanch but it will vest in the whole body of the Gram Panchayat and if the Panchayat wants to sue or to file an appeal, the Panchayat has to pass a resolution authorising either to Sarpanch, or Up-Sarpanch or to any Panch or to file appeal or Writ Petition or any other petition. Rule 3 of the M.P. Gram Panchayat (Power a