ASHISH NATH Vs. STATE OF ASSAM

JUDGEMENT

(1.) In the first of the two writ petitions filed by the petitioner under Article 226 of the Constitution of India, that is, W.P.[C] no. 5512/2021, the petitioner has, inter alia, sought for setting aside and quashing of a letter bearing no. KDV[G]29/Pt-II/2019/15 dtd. 5/10/2021 of the respondent no. 3 i.e. the Deputy Commissioner, Karimganj wherein it is observed that the letter of withdrawal of resignation from the petitioner was received on 4/10/2021, which was after the expiry of the statutory period of 15 [fifteen] days from the date of the petitioner's letter of resignation from the office of President, Karimganj Zilla Parishad dtd. 18/9/2021, and also for a direction to the respondent authorities to approve the withdrawal of the letter of resignation dtd. 1/10/2021. After institution of the first writ petition, W.P.[C] no. 5512/2021 on 7/10/2021, the petitioner has instituted the second writ petition, W.P.[C] no. 5615/2021 on 22/10/2021 challenging [i] a letter bearing no. PDA.208/2021/3 dtd. 11/10/2021 of the respondent no. 1 i.e. the Principal Secretary to the Government of Assam, Panchayat and Rural Development Department informing the respondent no. 3 that the resignation of the petitioner from the office of President, Karimganj Zilla Parishad had been accepted as per the provision of Sec. 72[1] of the Assam Panchayat Act, 1994, as amended; [ii] a letter bearing no. KDV[G]29/Pt-II/2019/20 dtd. 19/10/2021 of the respondent no. 3 and addressed to the respondent no. 4 i.e. the Chief Executive Officer, Karimganj Zilla Parishad intimating about acceptance of the letter of resignation of the petitioner; and [iii] a letter bearing no. KZP.186/2021/1047 dtd. 19/10/2021 of the respondent no. 4 and addressed to the respondent no. 1 whereby it has been informed that the respondent no. 5 who has been acting as the Vice-President of Karimganj Zilla Parishad, had submitted his joining report on 19/10/2021 as the In-Charge President of Karimganj Zilla Parishad, by signing the oath of affirmation of the said office.

(2.) As the issues involved in the two writ petitions are inter-connected and relate to the matters of the petitioner's tendering of resignation and subsequent act of withdrawal of resignation and also about validity of acceptance or otherwise of withdrawal of resignation from the post of President, Karimganj Zilla Parishad, they are taken up together at the stage of admission at the request of the learned counsel for the parties.

(3.) The sequence of events which have led the petitioner to institute the two writ petitions can be exposited, in brief, as follows :