IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No. 238 of 2010 Date of decision: 27.10.2010 Neelam Kumari …Petitioner. Versus State of H.P. & another …Respondents. Coram The Hon’ble Mr. Justice Deepak Gupta, J. Whether approved for reporting?1 No. For the petitioner: Mr. Anup Rattan, Advocate. For the respondents: Mr. Rajesh Mandhotra, Deputy Advocate General. Deepak Gupta, J. (Oral) 1. This petition is directed against the order dated 28.06.2010 whereby the Divisional Commissioner, Kangra, rejected the stay application filed by the petitioner. 2. The undisputed facts of the case are that the petitioner was restrained from acting as Pradhan, Gram Panchayat Kalyara, District Kangra, for a period of six months. She filed an appeal against this order before the Divisional Commissioner, Kangra. Along with the appeal, she filed an application for grant of stay. This application was rejected 1 Whether the reporters of local papers may be allowed to see the Judgment? Yes. -: 2 :- and the said rejection has been challenged by filing the present petition in this Court. During the course of the proceedings before this Court, a stay order was granted in favour of the petitioner. 3. The Divisional Commissioner refused to grant stay order in favour of the petitioner. There is no jurisdictional error in the order of the Divisional Commissioner. Whether a stay order should be granted or not is a question to be decided by the authority empowered to grant such order. The powers under Article 227 of the Constitution of India cannot be invoked in such a case, unless the order is perverse or without jurisdiction. Therefore, I find no merit in the petition, which is accordingly rejected. 4. However, in view of the fact that the elections to the Panchayati Raj Institutions are likely to be held in the month of December and in case, the order is allowed to stand, the petitioner may be ineligible to fight the next elections, it would be appropriate to direct the Divisional Commissioner to decide the present appeal itself on or before 25th November, 2010. It is made clear that I have not expressed any opinion on the merits of the rival contentions between the parties. The parties who are present before me are directed to appear before the learned Appellate Court, i.e., the -: 3 :- Divisional Commissioner, Kangra, on 8th November, 2010, and apprise him of this order. Copy Dasti. (Deepak Gupta) Judge October 27, 2010 (rajni)