IN THB HIGH COURTJ3F CHHATTISGARH AT BILASPUR ^3< /onnft IWte&SIG M.C.C No. /2006 Applicant Lalsai Khunte aged about 40 years S/o Kartik Ram R/o Village Jamgahan Post Mukta, Tahsil and Thana Malkhruda, Distt. Janjgir Champa VERSUS Non applicants\^f. ^•f:?>" .^y €^' 3. ^ ^' 6. Nirmal Sinha aged about 32 years S/o Nandram Sinha, R/o Village and post Hasod., Tahsil and Thana Jaijaipur, Distt. Janjgir-Champa Chain Singh Samle aged about 44 yea.rs, S/o Anand ram Samle R/o Village Adil Post Orda, Tahsil and Thana Malkharuda Distt. Janjgir Champa Dayaram Koshle aged about 58 years., S/o Kunjram Koshle^, R/o Village Post Jaijaipur Tahsil and Thana Malkharuda Distt. Janjgir Champa Jambulal Khunte aged about 25 years R/o Village jamgahan Post Mukta,Tahsil and Thana Malkharuda Distt. Janjgir Chinpa Bandhulal aged about 35 years.S/o Bodoram R/o Village and post Bandora Tahsil and Thana Malkharuda Distt. Janjgir Chmpa Tarjan Singh aged about 26 years, S/o Late Shri Kartikram R/o Village Post Piharid,Tahsil and Thana Malkharuda Distt. Janjgir Chmpa Rajkumar aged about 32 years S/o Deoram, R/o Village and post 11211 Odekera,TahsiI and Thana Malkharuda Distt. Janjgir Chmpa .^^"I APPLICATION FOR EXTBNSION AND MODIFICATION OF STAY ORDER DATED 04y08/06_PASSED UNDER SECTION - 116-B OF THE REPRESENTATION OF THE PEOPLE ACT 1951 @ XI-HC-22 3:sf ,=qT^T^r^ ^Tn^l$, f^^l^^< BTT^rq^^" ,^, / ^ Wq^TTgiTTRF^ 4<^^4*' ^[ 206 id^ -@ 3TI^T^)T f^TWW^T ^rf?cf ^W^) ^..1. ^TI^T ?^<rr^K ^f?cf 29/08/2006 Shri Parag Kotecha, coun^el for the appiicant. None for the non-applicar^ts. Heard on maintainabiliti/ applicant for extension and 04/08/2006. Learned counsel for the| appea! as required under Sectic[n People Act, 1951 (for short, "t|i® Supreme Court of India. Section 116B (1) & (2) of [the Act reads as below: stcjy "116B. Stay of Court- (1) An oppt| High Court for made by the High section 99 before allowed for appeali^g Court may, on suffi on such terms and stay the operatio^ application for sta^ Court after an the Supreme Court. (2) Where an appeaj an order made und^r noh chl^fcn41T1 ^TRoTt* ^f te^Ft <{^^l< ^3Tf^R'3TT^T r of the Gpptication filed by the modification of stay order dated applicant frankly concedes that the 116A. of the Representation of the Act") has already been filed in the o^eration of order of High Jcation may be made to the of operation of an order ICourt under section 98 or [the expiration of the time therefrom and the High ;ient cause being shown and cjonditions as it may think fit, of the order; but no shall be made to the High has been preferred to app|eal has been prefcrred against section 98 or section 99, XI-HC-22 3%T ^Hld'4, ^y4!^, iG«YII'M'i<. ^ 311^1 M5|cn <m^lT$h^lcb ^ 200 fd^ 3TT^T^T f^TWW^T ^HTO^cT Raju 3n^T?^TTW;CTf^T cbl^Id^-1 WT^ff ^ IWt <^l^l< ^3Tf^TW^T the Supreme Court being shown and on si f, the Act, it is manifest that no ap| \ay, on sufficient cause ch terms and conditions as it may think fit, s|Bay the operation of the order appealed from." Bare reading of the provisio^is envisaged under Section 116B of t lication for stay shall be made to the High Court after an appeal hc^s been preferred to the Supreme Court and when an appeal has b^en preferred, the Supreme Court atone has power to stay the operati< Here in the instant casel pn of the order appealed from- this Court vide order dated p4/08/2006 granted stay on cert|iin conditions for a period of 15 {Jays and that period has expired/tl |Fi!ed to extend the said period. Af icrefore/this application has been I'er filing of the appeal before the pupreme Court, this Court has no jurisdiction to grant stay, ^herefore, in the garb af extensio^ stay cannot be granted by this (pourt, therefore, the a^plication d< es not appear to be maintainable :or hearing, Therefore, AA.C.C.No.436 i^ rejected as not maintainable. 'onsequently, I.A.No.2667/2006 sto|nds disposed of. Sd/- V.K.Shrivastava Judge (^^f^) f'