''^ H!GH COURT OF CHHATTISGARH AT BILASPUR S.B. HON'BLE SHRI DHIRENDRA MISHRA. J Writ Petition (cl No.5177 of 2008 Petitioner Respondents Vs 1. 2. 3. Santosh Ram, S/o Shri Bhukha Caste- Uraon, Aged about 36 years, R/o Village Nawadih (Bathan toil), Tahsil Samri, Distt. Surguja, Chhattisgarti. ^ Collector, Surguja, Distt. Suiguja, Chhattisgarh. Sohan Ram Paikra, S/o Shrl Dugul Ram, Caste Kanwar, R/o Village Nawadihkala, Tahsil Samri, Distt. Surguja, Chhattisgarh. Commissioner, Ambikapur, Surguja, Distt. Surguja, Chhattisgarh. |thORAL ORDER (4m December, 2009) Dhirendra Mishra. J Shri Pankaj Shrivastava and Shri Pawan Shmastava, counsel for the petitioner. Shri S. Thakur, Panel Lawyer for the State. Shri Sanjay Patel, counsel for respondent No.2. Heard. The Collector, Surguja, Ambikapur, vide order dated 27th May, 2008 removed the petitioner from the post of Sarpanch, Gram Panchayat, Nawadihkala, under Section 36(1)(m) ofthe Panchayat Raj Adhiniyam, 1993 on the ground that the petitioner has given birth to third child after 26th January, 2001. The petitioner preferred an appeal against the aforesaid order ofthe Collector before the Commissioner, Sarguja and aiso filed an application for staying the effect and operation 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 petitioner is pending before the Commissioner, Surguja. The.order passed by the Collector has been stayed by this Court on 19.9.2008. Learned counsel for the parties jointly submits that this petition may be disposed of with a direction to the Commissioner to decide the appeal itsetf expeditiously, and till decision ofthe appeal, interim order passed bythis Court may remain in force. ^. .^ST-^, ^ ^-=.^ ^ II ^^// 2-. In view of above submissions of leamed counsel for the part'es, the instant petition is disposed ofwith a direction to the Commissioner, Surguja, to decide the appeal itself of the petitioner 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. Howevsr, interim order passed by this Court on 19.9.2008 staying the effect and operation of the order ofthe Collector (Annexure P/1), shall remain in force till the appeal is decided. rf Sd/- "''••rendraMish Judge ra ;<.