BAHORI LAL PALIWAL Vs. DISTRICT MAGISTRATE BULANDSHAHR

JUDGEMENT

(1.) I have had the benefit of reading the Judgments of Agarwala and V. Bhargava, JJ. I do not propose to repeat the facts of case and consider it sufficient to state that I agree with the judgment of V. Bhargava, J. on the preliminary point and am of the opinion that the petition has not become infructuous because a bye-election has subsequently been held. If the argument of the learned counsel for the petitioner is accepted, the result would be that there was no vacancy in the office of the President and, therefore, the subsequent election to that office was void and of no consequence.

(2.) On the other question, namely, the effect of withdrawing the resignation, I agree with the judgment of Agarwala, J. and am of the opinion that the resignation having been withdrawn by the petitioner before its acceptance by the District Magistrate, there was no right left in the District Magistrate to accept the resignation. The petitioner had a right to withdraw the resignation before its acceptance even though it was an unconditional one.

(3.) The further question whether the President can withdraw his resignation after its acceptance by the District Magistrate but before the communication of that acceptance to the Committee does not arise for decision in this case, and I express no opinion upon it.