Subrata Talukdar, J. - (1.) The short issues which essentially arise for consideration in this writ petition are as follows:- (a) Whether the petitioner can be held to have resigned from the office of the Chairman/Panskura Municipality (for short the Municipality); (b) Whether in view of the alleged resignation of the petitioner, the State-respondents acted in accordance with law to fill up the casual vacancy in the office of the Chairman; The answer to Issue (b) depends upon first answering Issue (a).
(2.) In order to better appreciate the context connected to Issue (a) above, it is necessary to reproduce the correspondence engaged in between the petitioner and the particular responding State Authority, the SDO, Tamluk/respondent No.4, in chronological order. Dated: 06/10/2017 "With due respect I wish to inform you that I, Sk. Mahammad Anisur Rahaman the Chairman of Panskura Municipality want to resignation from my post (Chairman) for personal ground. Please accept my resignation letter with immediate effect. Thanking you. Sd/- (Sk. Md. Anisur Rahman) Chairman Panskura Municipality" Dated: 09/10/2017 "With reference to the subject cited above, this is to inform you that you have to resign from the post of Chairman of Panskura Municipality observing the formalities as laid down in sub-section 2 under section 18 of the West Bengal Municipal Act, 1993 and sub rule 2 of the rule 6 of the West Bengal Municipalities (Procedure and Conduct of Business) Rules, 1995 (photo copies enclosed). Sd/- Sub-Divisional Officer Purba Medinipur"
(3.) From the language of the letter of proposed resignation dated 6th October, 2017, it transpires that intention has been expressed by the petitioner to resign from the post of Chairman on personal ground. Accordingly, the resignation is forwarded for acceptance with immediate effect.;