^ HIGH COURT OF GHHATTISGARH AT BILASPUR S.B. HON'BLE SHRI DHIRENDRA MISHRA. J Writ Petition (cl No.5178 of 2008 Petitioner Resoondents Vs 1. 2. 3. Mangal Sai, S/o Shri Mudla, Aged about 35 yeare, Sarpanch Gram Panchayat Khajuriyadlh, Janpad Panchayat Kusmi, Distt. Surguja, Chhattisgarh. c^ Collector, Surguja, Distt. Suiguja, Chhattisgarh. Buddhdev Singh Paikra, S/o Late Shri Bishun Ram, Bihad Ram S/o Lalsai, R/o Village Khajuriyadlh, Janpad Panchayat, Kusmi, Distt Suiguja, Chhattisgarh. Commissioner, Ambikapur, Surguja, Distt. Suiguja, Chhattisgarh. ithORALORDER (4m December, 2009) Dhirendra Mishra. J Shri Pankaj Shrivastava and Shri Pawan Shrivastava, counsel for the petitioner. Shri S. Thakur, Panel Lawyerforthe State. Shri Sanjay Patel, counsel for respondent No.2. Heard. The Coilector, Surguja, Ambikapur, vide order dated 27' May, 2008 removed the petitioner from the post of Sarpanch, Gram Panchayat, Khajuriyadih, under Section 36(1)(m) of the Panchayat Raj Adhiniyam, 1993 on the ground that the petitioner has given birth to third child after 26 January, 2001. The petitioner prefen-ed an appeal against the aforesaid order of the Collector before the Commissioner.Sarguja and also filed an application for staying the effect and operaBon of the order passed by the Collector. However, the stay application was rejected vide order dated 20.8.2008, and the'appeal preferred by the petltioner is pending before the Commissioner, Surguja. Theorder passed by the Coltector has been stayed by this Court on 19.9.2008. Learned counsel for the partesjointly submits that this petition may be disposed of with a direction to the Commissioner to decide fte appeal|itself expeditiousty, and till decision oftheappeat, interim order passed bythisCourt may remain in foree. ^ In viewof above submissions of leamed counsel for the partles, the instant petition is disposed of with a direction to the Commissioner, Surguja, to decide the appeal itself of the pet'rtioner within a period of 30 days from the date of receipt of copy of this order. We also direct the parties to remain present before the Commissioner on 8 December, 2009. However, interim order passed by this Court on 19.9.2008 stayirig the effect and operation of the order of the Collector (Annexure P/1), shall remain in force till the appeal is decided. -BSd7-^ Dhirendra Mishra Judge *