P Y ANNAMKUTTY Vs. P M BABY

JUDGEMENT

(1.) This Original Petition is filed for staying the operation and implementation of Ext. P4 order of the Election Commission. First respondent is an elected member of Adimali Grama Panchayat. The resignation said to have been sent by him was accepted by the petitioner, President of the Panchayat. By Ext. P2 first respondent made a representation under S.115(4) of the Kerala Panchayat Raj Act (hereinafter referred to as 'the Act') disputing the resignation. According to him, he never willingly signed the resignation letter, the resignation letter was given to the leader of the party to be sent to the President after the party meeting, but it was sent directly without convening party meeting, it was not signed by him and, therefore, it should not be accepted. After signing notice to all parties Ext. P4 was passed. The Election Commission in Ext. P4, on a finding of fact, found that first respondent did not sign the resignation letter voluntarily intending to resign from the Panchayat and he did not send it by registered post. Since he himself did not send the resignation letter, Ext. P2 was accepted. Election Commission accepted the case of first respondent and first respondent was allowed to continue in the Panchayat. No interim order was passed at the time of admission.

(2.) The contention of the petitioner is that a reference cannot be made by the person who resigned himself, but only by the President who is authorised to receive the resignation letter can refer the dispute. S.155(4) of the Act reads as follows:

(3.) How resignation can be done by a member of a Panchayat is clearly mentioned in S.155(2) of the Act which reads as follows: