^3 HIGH COURT OF JUDICATURE CHHATTISGARH : BILASPUR SSNGLEBENCH : HON'BLE SHRI S.R. NAYAK, CJ. WR1T PETITION No.2248 OF 2006 PETITIONER RESPONDENTS Smt. Gomati Bai, aged about, 37 years, wife of Shri M.Lal Chandra, Sarpanch Gram Panchayat - Gobra, Janpad Panchayat - Dabhra, Tahsil - Dabhra, District - Janjgir-Champa (C.G.) Versus 1. State of Chhattisgarh, through - the Secretary, Department of Vili'age Panchayat and Rural Development, Dau Kalyan Singh Bhawan, Mantralay, Raipur (C.G.) 2. The Director (Panchayat) D.K.S. Bhawan Raipur (CG) 3. Coliector, Distt. Janjgir-Champa (Chhattisgarh) 4. Sub Divisional Officer, Dabhra, District Janjgir-Champa (CG) 5. Chief Executive Officer, Janpad Panchayat - Dabhra, Tah. Dabhra, District-Janjgir-Champa (CG) 6. Panchayat Inspector, Janpad Panchayat-Dabhra, Tah. Dabhra, Distt. Janjgir-Champa (C.G.) 7. Secretary, Gram Panchayat-Gobra, Janpad Panchayat Dabhra, Tah. Dabhra, Distt. Janjgir-Champa (Chhattisgarh) Present: Shri A.N. Bhakta, learned counsel for the petitioner. Shri Utkarsh Verma, learned Deputy G.A. for the State. ORAL ORDER (Passed on 01st May, 2006) Against the order of the Sub Divisional Officer, Dabhra, District Janjgir-Champa, the 4 respondent herein, dated 28-02-2006 disqualifying the petitioner from the post of Sarpanch, the petitioner has preferred an appeal to the Collector, District Janjgir - Champa, the 3 respondent herein, under section 91 of the Panchayat Raj Adhiniyam /'. <E-.a and the same is pending before him. The 3 respondent has refused to grant interim order. Against the refusal of the interim order by the 3 respondent, the petitioner preferred a revision before the Director (Panchayat), the 2 respondent herein, who refused to grant interim order. Hence.thiswritpetition. (2) Having heard learned counse! for the parties, it cannot be said that the 2 and 3 respondents did not exercise discretion vested in thepi in the matter of granting interim stay. Unless, the finding recorded by the 4 respondent in his order is upset after finally hearlng of the appeal, the petitioner's position as Sarpanch of Gram Panchayat could not be restored. No ground is made out for interference. The writ petition is dismissed. However, the 3 respondent is directed to hear and disposal of the appeal of the petitioner expeditiously, at any rate, within a period of two months from the date of receipt of a copy of this order. The Registry is directed to send a copy of this order forthwith to the 3 respondent. Nocosts. Sd/- ChiefJustice ^:^ T" i-/'