ORDER T.S. Doabia, J. 1.The brief facts for the purposes of this petition preferred under Article 227 of the Constitution of India be noticed. 2. The petitioner is a duly elected Sarpanch of Gram Panchayat, Nand, tehsil Pichhore, district Shivpuri. He has been placed under suspension. Copy of order of suspension is placed on record as Annexure A/3. The order of suspension was passed in exercise of the powers conferred on the concerned authority under Section 39(2) of the Madhya Pradesh Panchayat Raj Adhiniyam, 1993 (hereinafter referred to as the Adhiniyam). Sub-section (2) is relevant for the purposes of this petition. This be noticed. This reads as under: "39(2) The order of suspension under sub-section (1) shall be reported to the State Government within a period of 10 days and shall be subject to such order as the State Government may deem fit to pass. If the order of suspension is not confirmed by the State Government within 90 days from the date of receipt of such report it shall be deemed to have vacated." 3. A bare reading of the aforementioned provision indicates that an order of suspension has to be forwarded to the State Government and the State Government is obliged to pass some order one way or the other within 90 days. In case no order is passed within a period of ninety days from the date of its receipt then the order of suspension is deemed to have been vacated. 4. It is the case of the petitioner that the State Government has not passed any order under Section 39(2) of the Adhiniyam. 5. On 30th of November, 1995, the following order was passed by this Court. "Let the stand taken by the State be made known to Court by filing return." 6. Return has been filed. No plea has been taken that the State Government has passed a further order in terms of Section 39(2) of the Adhiniyam or not. The assertion made in paragraph 5.7 of the petition is as such taken as correct. On account of operation of the law, the order of suspension, Annexure A/3, shall be deemed to have been vacated. 7. This petition is disposed of accordingly.