RAMKISAN ONKARMAL AGRAWAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner who was the President of Municipal Council, Achalpur, district Amravati has challenged in this writ petition the order of the Collector, Amravati dated 16-12-1992 informing him that the resignation tendered by him of his office as President of the aforesaid Municipal Council, Achalpur has been accepted from 16-12-1992 and consequently the request to withdraw the same cannot be acceded to.

(2.) BRIEFLY the facts are that the petitioner was elected as President of the Municipal Council Achalpur, district Amravati on 15-12-1992. He addressed a letter to the Collector, Amravati, by which he tendered resignation of the post of the President of the Municipal Council, Achalpur, to be effective from 16-12-1992. He thus requested him to accept his said letter of resignation dated 15-12-1992. The said letter of resignation dated 15-12-1992, although addressed to the Collector, was actually handed over to the Additional Collector, Amravati, by the petitioner at Achalpur Circuit House. However, on 16-12-1992, he addressed another letter to the Collector, Amravati, by which he withdrew his letter of resignation dated 15-12-1992. According to the petitioner, the said letter of withdrawal of resignation dated 16-12-1992 was received by the Additional Collector, Amravati, at 1-05 p. m. on the said date i. e. on 16-12-1992. The respondents dispute the fact that the letter of withdrawal of resignation dated 16-12-1992 was received by the Additional Collector, Amravati, at 105 p. m. on 16-12-1992. According to them, the said letter was received by him at about 3 p. m. i. e. after the letter dated the same i. e. 16-12-1992 was issued by him to the petitioner informing him that his resignation had become effective.

(3.) FEELING aggrieved by the above letter of the Additional Collector, Amravati, dated 16-12-1992, the petitioner has preferred the instant writ petition in this Court on or about 21-12-1992. On 21-12-1992 an interim order was passed by which it was directed that the result of election of the new President of the Municipal Council, should not be declared until further orders. However, thereafter, on 11-1-1993 when Rule was issued in this writ petition, the above interim order was modified and the result of the election of the New President of the Municipal Council was allowed to be declared but it was made clear that his election would be subject to the result of the petition. The new President has thereafter intervened and is allowed to be and is joined as respondent No. 7 in this writ petition.