ORDER : Deepak Kumar Tiwari, J. 1. The petitioner has filed the present petition and prayed for the following reliefs:- “i. That the Hon’ble Court may kindly be please to quash the order dated 20.04.2022 passed by the respondent No.1/Commissioner Annexure P/1 so far as it relets to the rejection of stay application. ii. Any other relief or relief(s) which this Hon’ble Court may deem fit and proper in view of the facts and circumstances of the case, may also kindly be granted.” 2. This writ petition has been filed to challenge the order dated 20.04.2022 passed by the learned Commissioner, Division Raipur, Raipur whereby he has admitted the petition filed by the petitioner challenging no-confidence motion passed against her for the post of President, Janpad Panchayat, Bhatapara by invoking jurisdiction under Section 28 (4) Chhattisgarh Panchayat Raj Adhiniyam 1993 (hereinafter referred to as the “Act 1993”), however the Commissioner has not considered the application for interim relief as the election has been scheduled on 21st April, 2022 at 11 AM. 3. Learned counsel for the petitioner submits that when the learned Commissioner admits the petition, it cannot be left pending for getting infructuous the lis without deciding the interim relief. As the learned Commissioner has not considered the vital issue in the impugned order dated 20.04.2022, therefore, the petitioner has left with no other option but to challenge the same by invoking writ jurisdiction and prays to stay the election to be held on 21.04.2022, otherwise the purpose of filing the instant petition would be frustrated therefore, the petitioner prays to pass an appropriate order and also to stay the election to be held on 21.04.2022. 4. Upon being asked to learned counsel for the petitioner, he fairly admitted that after passing no-confidence motion on 25.03.2022 as 20 votes in favour and 5 votes against, the same has been challenged under Section 28 (4) of the Act 1993 before the learned Commissioner, Raipur Division, Raipur. 5. At this stage, it is important to point out the amendment in the Act 1993 i.e. Chhattisgarh Panchayat Raj (Sansodhan) Adhiniyam, 2003 (Act No.8 of 2003) which is significant and reproduced as under:- “In sub Section 4 of section 28 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993 (No.1 of 1994) (here-in-after referred to as the Principal Act), for the words “the Commissioner”, the words “Director, Panchayat” shall be substituted.” 6. Learned counsel for the petitioner further submits that as presently no post of Director Panchayat exists and also the Commissioner has been entrusted the said work. In the present case, the petitioner has moved the petition before the learned Commissioner, Raipur, Division Raipur. 7. Per contra, learned counsel for the respondents No.1 to 3 submits, on instructions, that the post of Director Panchayat exists and he vehemently put-forth his submission to the effect that the petitioner cannot be allowed to take benefit of her own mistake. The petitioner ought to have moved before the Director Panchayat instead of preferring the petition before the learned Commissioner. Learned counsel further submitted that the election should ordinarily not be stayed as the amendment in the Code of Civil Procedure to restrain any election invoking power under Order 39 of CPC is banned. Countering the submission, learned counsel for the petitioner submits that jurisdiction of writ court is wide. 8. Considering all the aspects in the issues, though the petitioner has filed a petition under Section 28 (4) of the Act 1993 challenging the no-confidence motion before the Commissioner which is not the appropriate forum as the law is explicit under Section 28 (1) of the said Act when resolution is passed then the concerned President or Vice President shall cease to hold office forthwith, if a person is aggrieved with such order, then he has a right to approach the proper forum or competent authority which the petitioner has not done, this Court is of the view that the petitioner has not been able to make out a case for interference. 9. Accordingly, the present Writ Petition being devoid of any substance deserves to be and is hereby dismissed in limine.