B CHANNABASAPPA GADDU Vs. DIVISIONAL COMMISSIONER BELAUM

JUDGEMENT

(1.) This writ petition is by the Chairman of the Village Panchayat of Maranbad, Hangal Tq., Dharwad Dist. He was aggrieved by an order of the 2nd respondent Asst. Commr., Savanur, dt. 4 9-1981 accepting the purported resignation tendered by him to the Chairmanship of Panchayat of the aforementioned Village Panchayat. He, therefore, preferred a revision petition to the Divnl. Commr-the 1st respondent, under S. 207 of the Karnataka Village Panchayats and Local Boards Act (hereinafter referred to as 'the Act'). The revision petition came to be dismissed sustaining the order of the Asst. Commr. Therefore, the present petition under Art. 226 of the Constitution of India seeking relief, inter alia contending that the orders of the Asst. Commr. as well as the Divisional Commr. suffer from errors apparent on the face of the record and also that the resignation was sent to the Asst. Commr. by his opponents in the Panchayat making use of blank papers which he had signed in order to facilitate the routine administration of the Panchayat by the Secretary of the Panchayat in his absence.

(2.) Certain facts which are not disputed are as follows: The purported resignation letter is dt. 3-8-1981. The Border of the Asst. Commr,- 2nd respondent accepting the resignation and directing election to that office and with a further direction that the Vice- Chairman should be incharge of the office of the Chairman till election process is completed is dt, 4 9-1981. The order of the Asst. Commr, is evidently communicated to the petitioner. The communication is effected within about 10 days and thereafter, the petitioner had approached the Divnl. Commr. with the revision petition. The original records of the case are not produced by the respondents, particularly, the letter of resignation Itself. It is stated by the learned Government Pleader that the records are lost in transmission between the office of the Asst. Commr. and the office of the Divnl. Commr., when the records were called for in connection with the revision petition filed before the Divnl, Commr. by the petitioner. The contents of the letter of resignation are not disputed. The facts stated in that letter are that the petitioner due to domestic problems was not able to continue as Chairman and therefore, was tendering his resignation. This is obvious from the preamble to the order of the Asst. Commr. dt, 4-9-1981 which is at Annexure-A to the petition. The contents of the resignation letter were typed out in Kannada also is obvious from the order of the Divisional Commr. The signature of the petitioner itself is not in dispute, because he has admitted having signed on blank papers which have been used though the Assistant Commr. in his order has made it clear that he compared the signature and was satisfied with the signature of the petitioner.

(3.) Rule in this case was issued on 6/1/1982 and interim stay also was granted and records were called for. Pursuant to the order made at Annexure-B by the Divnl. Commr. election to the vacant office of the Chairman was also ordered by the Chief Executive Officer who is 3rd respondent herein. The Vice-Chairman of the Panchayat is the 4th respondent as he has been asked to be incharge till the election process is over. On account of the interim stay granted on 6 1-1982 no election as such has taken place. However, on an application made by the Vice Chair-man-4th respondent, a learned single Judge of this Court, on 7-1-1983 vacated the interim stay granted solely on the ground that the letter of resignation bore the signature of the petitioner and therefore, prima facie the findings of the authorities below should be accepted before deciding whether the petitioner really tendered the resignation or not. In the result, elections are scheduled to be held to the office of the Chairman of the aforementioned Village Panchayat on 19 2 1983. In that circumstance, the petitioner has pressed for a decision in the main petition itself so that the controversy would be at an end.