UNNI Vs. PERINIJANAM GRAMA PANCHAYAT

JUDGEMENT

(1.) The petitioner, then a member of a panchayat committee, submitted his resignation to the Secretary of that panchayat on 28.4.2009. After that, in the evening of that day, he made Ext.P2 to the Secretary of the Panchayat, to be forwarded to the State Election Commission for decision in terms of Section 155(3) of the Kerala Panchayat Raj Act, 1994, for short, the "Act", as a dispute. He thereby essentially took the stand that he resiles from the tendered resignation on the ground that the resignation was submitted by him in a disturbed state of mind. By the impugned communication, the Commission has refused to entertain the petitioner's request on the ground that the resignation had taken effect and a dispute regarding the resignation admittedly made, though allegedly in a disturbed state of mind, cannot be entertained. This is under challenge.

(2.) Heard the learned Counsel for the petitioner and the learned standing counsel for the commission.

(3.) Sub-section 3 of Section 155 provides that if any dispute regarding any resignation arises, it shall be referred to the state Election commission for decision and its decision thereon shall be final. Rule 5 of the Kerala Panchayat Raj (Resignation of President, vice-president or Members) Rules, 2000, hereinafter, the "Rules", provides the mode of settlement of such disputes. Rule 5(1) states that any person having a dispute regarding the resignation of the President or Vice-President or the Member may, within fifteen days from the date on which the resignation is deemed to have taken effect, prefer a petition before the State Election Commission for its decision and the decision of the commission thereon shall be final. Rule 3 prescribes the mode and form for making and tendering resignation. Apart from Sub-rule 5 of Rule 3, which provides that the resignation shall take effect from the date on which the resignation letter is received by the secretary, Sub-section 1 of Section 155 of the Act categorically provides that the resignation shall take effect from the date on which it is received by the secretary and the Secretary shall immediately report the fact to the President and the state Election Commission. Therefore, the effect of resignation commences from the delivery of the resignation letter to the Secretary. All that the Secretary has to do is to acknowledge receipt of the resignation. That it has been so done in the case in hand, is not in dispute. Even if the word 'date' in Sub-section 1 of Section 155 could be looked at from different angles, it cannot be treated as from the end of the day on which the resignation is tendered. This is because the effect of resignation is not legislatively made to depend on its acceptance by any person or authority or to be controlled by any subsequent event. Hence, a resignation by a President or vice-president or Members of a panchayat in terms of Sub-section 1 of Section 155 of the Act takes effect from the receipt of the resignation by the secretary of the panchayat either in person in terras of that sub-section or by the mode, through post, as provided in subsection 2 of Section 155.