SHRIKANT MALLAPPA ULEGADI Vs. GRAM PANCHAYAT AT MOUJE KADGAON

JUDGEMENT

(1.) THE petitioner herein, who was a member of the Gram, Panchayat, signed and sent a notice of resignation in the form prescribed under the Bombay Village Panchayats (Delivery of Notice of Resignation) Rules, 1965. The question is whether his resignation took effect and he ceased to be a member of the Gram Panchayat?

(2.) THOUGH there was some attempt to put up before the Collector a case that this notice was not sent voluntarily and knowingly, the petitioner having admitted before the Collector that he had in fact sent a notice of resignation voluntarily, it is not now open to him to raise that question in these writ proceedings. Once it is held that he has sent the notice of resignation, the only question that requires to be considered is whether it amounts to resignation within the meaning of Section 29(1) of the Bombay Village Panchayats Act, 1958? Section 29(1) does not speak of notice of resignation. It only provides that any member who is elected may resign his office by writing under his hand addressed to the Sarpanch and the Sarpanch may resign his office of member by writing under his hand addressed to the Chairman of the Panchayat Samiti. It further provides that the resignation shall be delivered in the manner prescribed. The manner prescribed under the aforesaid rules is to send the resignation or the notice of resignation in Form -I prescribed under Rule 3(2). The notice sent by the petitioner, of course, does not state that he has tendered the resignation, but recites I hereby tender the notice of my resignation from the office of Gram Panchayat. It must be noticed that the rules do not require a notice of resignation to be accompanied by any further letter of resignation. In other words, what is required of a person resigning is to sign the form and deliver it to the prescribed authority. Evidently where the person intends to resign forthwith he will say I am tendering resignation and where one intends to resign from a particular date gives notice of resignation. In either case, the form is the same, the intention is to resign and the consequence is vacancy in the office. That requirement has been fulfilled and consequently petitioner shall be deemed to have resigned and cannot now dispute his resignation.