SHEKHAR CHOUDHARY Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has filed this petition being aggrieved by order dated 7.4.2016 (Annexure P/7), which is a resolution passed by the Special Board Meeting of Cantonment Board, Sagar, accepting his resignation as well as the letter dated 7.4.2016 (Anexure P/8) issued by the Chief Executive Officer, Cantonment Board, Sagar whereby, the the Chief Executive Officer has called for a Special Meeting of the Board on 18.4.2016 for the purposes of holding elections for the post of Vice President of the Board under Section 39 of the Cantonments Act, 2006 (hereinafter referred to as the "Act of 2006").

(2.) The admitted and undisputed facts leading to the filing of the petition are that the petitioner is the duly elected Vice President of Cantonment Board, Sagar. It is also an undisputed fact that on 4.3.2016 the petitioner sent a letter to the authority tendering his resignation from the post of Vice President, Cantonment Board, Sagar. It is also an admitted and undisputed fact that the matter of acceptance of the resignation of the petitioner came up for consideration in a Special Meeting of the Board held on 7.4.2016. It is also an undisputed fact that the petitioner submitted an application for withdrawal of his resignation on 6.4.2016 which was also considered and came up for decision before the Special Meeting of the Board on 7.4.2016. It is also an admitted and undisputed fact that the Members of the Special Committee of the Board accepted the petitioner's resignation in the Special Meeting held on 7.4.2016 by a majority of 8:3 votes and the post of Vice President was declared vacant by the Chief Executive Officer and fresh elections were directed to be held by the letter dated 7.4.2016 (Annexure P/8).

(3.) In the backdrop of the aforesaid admitted and undisputed facts, the learned counsel for the petitioner/Vice President submits that the petitioner's notice of resignation was withdrawn by him on 6.4.2016 prior to its acceptance in the Special Meeting of the Board on 7.4.2016 and in such circumstances, once the resignation has been withdrawn the question of its acceptance by the Board did not arise. It is submitted that before the Special Meeting that was held on 7.4.2016 the petitioner had submitted his letter of withdrawal of resignation on 6.4.2016 and the same was duly considered in the Special Meeting held on 7.4.2016 but the Members of the Board instead of applying their mind to the fact that the resignation had already been withdrawn, accepted it by a majority of 8 against 3 votes, which is contrary to law.