P.P.NAOLEKAR, J. - (1.)FACTS in brief are that respondent No. 5 Shri Nahar Singh Jasol tendered the resignation from the office of Pradhan, Panchayat Samiti, Balotra on 10.4.1996 addressed to Zila Pramukh, Banner, which was received by him on 12.4.1996. He, in turn, made an endorsement on the resignation that after 15 days, it be placed before him alongwith comments. The Chief Executive Officer, Zila Parishad, Banner wrote a letter dated 1.5.1996 to respondent No. 1, the State of Rajasthan to declare the office of the Pradhan, Panchayat Samiti, Balotra vacant. On 10.5.1996 respondent No. 4 sought directions from the Chief Executive Officer, Zila Parishad, Banner as to who should act as Pradhan of the Panchayat Samiti, Balotra. On this letter, the Chief Executive Officer, Zila Parishad, Barmer informed respondent No. 4 the Vikas Adhikari, Panchayat Samiti, Balotra that he should act in accordance with the provisions contained in Section 34 of the Rajasthan Panchayati Raj Act, 1994 (for short 'the Act' hereinafter).
(2.)ON 21.4.1996, respondent No. 5 sent a letter addressed to the Zila Pramukh, Barmer withdrawing his resignation, similar letter was addressed to the Collector, Barmer. The envelope addressed to the Zila Pramukh was received in the office of the Collector, Barmer on 13.5.1996 as is apparent from the endorsement made thereon by the Office Superintendent, Collectorate Barmer. It was then sent from the office of the Collector to Zila Pramukh, Barmer, which reached respondent No. 2 Zila Pramukh on 17.5.1996. Zila Pramukh made on endorsement on the envelope as well as on the letter of withdrawal of resignation to this effect. The letter addressed to the Collector is said to have been received by the Collector on 24.4.1996. The Collector, Barmer wrote a letter dated 17.5.1996 to respondent No. 1, the State of Rajasthan, that the letter of withdrawal dated 21.4.1996 sent by respondent No. 5 and addressed to Zila Pramukh, was received in his office on 24.4.1996.
On 9.7.1996 Annex. 9 the order was issued by the State Govt. permitting respondent No. 5 to withdraw the resignation tendered by him on 10.4.1996 from the post of Pradhan on the ground that the letter of withdrawal was sent within fifteen days although same was wrongly delivered in the office of the Collector and the petitioner remained the Pradhan of the Panchayat Samiti, Balotra.

(3.)IT is submitted by the counsel for the petitioner that since the withdrawal letter has not been delivered to the Zila Pramukh within 15 days from the date of delivery of the resignation letter, by virtue of the provisions, contained in Sub -section (4) of Section 36 of the Act, the office of the Pradhan, Panchayat Samiti, Balotra became vacant and the election to the office of Pradhan is required to be held for the remaining period/term as required by Section 42 of the Act. The State Govt. has no jurisdiction to pass the order directing permission to withdraw the resignation tendered by the petitioner.