1/6 IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 07th DAY OF DECEMBER 2017 BEFORE THE HON'BLE Dr.JUSTICE VINEET KOTHARI WRIT PETITION NO.29418/2017 (LB-RES) BETWEEN:
A.N.SHAKUNTALA, W/O M.B.KUMARSWAMY AGED ABOUT 40 YEARS MEMBER OF MADAPURA GRAMA PANCHAYATH MADAPURA VILLAGE H.D.KOTE TALUK – 571 125 MYSORE DISTRICT …PETITIONER (BY MR.SRINIVAS V., ADVOCATE) AND:
1. STATE OF KARNATAKA REPRESENTED BY IT’S SECRETARY TO PANCHYATH RAJ DIVISION M.S.BUILDING BANGALORE – 560 001 2. THE DEPUTY COMMISSIONER MYSURU DISTRICT MYSORE – 570 002 3. THE ASSISTANT COMMISSIONER HUNSUR SUB-DIVISION HUNSUR – 571 105 4. THE PRESIDENT MADAPURA GRAMA PANCHAYATH MADAPURA H.D.KOTE TALUK MYSORE DISTRICT – 571 125 …RESPONDENTS (BY MR.A.K.VASANTH, AGA. FOR R1 TO R3 MR.N. SRINIVAS, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE RESOLUTION PASSED BY R-4 DATED 27.02.2017 IN SO FAR ACCEPTANCE OF THE RESIGNATION OF THE PETITIONER VIDE ANNEXURE – B TO WRIT PETITION AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Srinivas V., Advocate for Petitioner Mr.A.K.Vasanth, AGA for R1 to R3 Mr.N.Srinivas, Advocate for R4 The petitioner A.N.Shakuntala, W/o M.B.Kumarswamy, has filed this petition in this Court on 03.07.2017 challenging the acceptance of her resignation from the Membership of Madapura Gram Panchayat.
2. The challenge is laid down on the ground that the resignation was initially tendered by the petitioner vide Annexure ‘A’ on 27.03.2017, but the respondent No.4- President of said Madapura Gram Panchayat has put an endorsement of its submission on 27.02.2017 instead of 27.03.2017.
3. The further case of the petitioner is that the petitioner withdrew the said resignation vide her communication Annexure ‘D’ on 26.04.2017 submitted to the Assistant Commissioner of Hunsur Sub-Division, Mysore District.
4. The petitioner has alleged that since respondent No.4-President of Madapura Gram Panchayat was not co- operating with the present petitioner, therefore the said withdrawal letter was submitted in the Office on 26.04.2017.
5. Mr.Srinivas V., the learned Counsel for the petitioner therefore, urged that with the withdrawal of the resignation by the present petitioner, the seat of Member of the said Gram Panchayat did not fall vacant and therefore, fresh elections for that seat cannot be held illegal and the process initiated for that purpose deserves to be stopped.
6. Mr.A.K.Vasanth, learned AGA for Respondent Nos.1 to 3 and Mr.N.Srinivas, learned Counsel for Respondent No.4 have refuted this position and have relied upon the provisions of Section 43 of The Karnataka Gram Swaraj And Panchayat Raj Act, 1993, (Act) in this regard. Section 43 of the Act is quoted below for ready reference:
“43. Resignation of member.-A member of a Grama Panchayat may resign his membership in writing under his hand addressed to the Adhyaksha and his seat shall become vacant on the expiry of fifteen days from the date of receipt of such resignation, unless within the said period of fifteen days he withdraws such resignation by writing under his hand addressed to the Adhyaksha. [The Adhyaksha shall cause the letter of resignation to be placed in the next meeting of the Grama Panchyat.]”
7. In view of the clear terms of the said provisions of Section 43 of the Act, the withdrawal of the resignation becomes effective and carries any meaning and effect only if the resignation is withdrawn within fifteen days of submitting such resignation. The resignation has to be given under handwriting of the Member by such Member to the Adhayksha and even withdrawal within fifteen days has to be given in writing under his hand to Adhyaksha and the said Adhayaksha is only bound in law to place the letter of resignation in the next meeting of Gram Panchayat.
8. From the facts narrated above, it is clear that the resignation of the petitioner even though assumed to have been tendered actually on 27.03.2017 instead of 27.02.2017 as endorsed by the Adhyaksha was withdrawn by the petitioner only on 26.04.2017 much after the expiry of statutory period of fifteen days prescribed for such withdrawal. There is no provision in the said Section 43 of the Act about the extension of time or even for submitting such withdrawal in writing to the Assistant Commissioner. There is no question of any non co-operation on the part of President of Gram Panchayat and the petitioner was at liberty to send the same by Registered Post, if such withdrawal of the resignation was not personally taken by the President of the Gram Panchayat, but nothing of this sort was done by her.
9. In view of the admitted fact that the withdrawal of the resignation was beyond the period of fifteen days, it carries no meaning and legal effect within the ambit and scope of Section 43 of the Act and therefore, the petitioner cannot claim that the seat falling vacant on account of her resignation did not become so vacant in the eye of law.
The Writ Petitions are found to be devoid of any merit and are liable to be dismissed and dismissed accordingly.
Copy of this order be sent to the respondents forthwith.
Sd/- JUDGE JT/-