(1.) This is a petition, under Article 226 of the Constitution of India. The petitioner, who was duly elected to represent as a Member in Ward No. 9 of the Janpad Panchayat Baihar, Distt. Balaghat, is aggrieved by acceptance of his resignation (Annexure P/1) tendered on 26/12/2012. He has, therefore prayed for - (a) certiorari quashing of letter-dated 28/12/2012 (Annexure P/6) authored by the President, Janpad Panchayat, intimating recommendation for acceptance of his resignation and (b) mandamus directing respondent Nos. 2 and 3 to accept withdrawal thereof, communicated through letter dated 29/12/2012 (Annexure P/2). The prayer has been opposed primarily on the ground that the resignation submitted voluntarily has already been accepted in accordance with the provisions of Section 37 of M.P. Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 (hereinafter referred to as "Adhiniyam") and consequently, the office of the member from Ward No. 9 has been declared as vacant.
(2.) According to the petitioner, the resignation could not be accepted without affording him an opportunity to reconsider the decision. For this, he has made reference to Rules 3 and 4 of M.P. Panchayat (Resignation by Office Bearers) Rules, 1995 (for short "the Rules").
(3.) Relevant excerpts of the provisions of Section 37 of the Adhiniyam and Rules 3 and 4 of the Rules may be reproduced as under:--