AVTAR SINGH Vs. ADDL GENERAL ASSISTANT

JUDGEMENT

(1.) The petitioner was elected as a Sarpanch of Gram Panchayat of village Khunian Nepalpur in the election held in June 1978. His term of office was for a period of five years. He, however, submitted his resignation in writing on December 8, 1978. Surprisingly this letter of resignation was sent to the Block Development and Panchayat Officer for enquiry by respondent No. 1. On appearance before the Block Development and Panchayat Officer on January 31, 1979, the petitioner stated that he does not want to resign and he be allowed to withdraw his resignation. In spite of this statement, respondent No. 1 accepted his resignation by the impugned order, Annexure P-4, dated February 6, 1979. The petitioner, consequently has filed this petition under Article 226 of the Constitution on the ground that after he had intimated his intention to withdraw resignation, respondent No. 1 had no jurisdiction to accept the same.

(2.) In the written statement filed by respondent No. 1, the plea taken is that because the petitioner had given a different reason for withdrawing his resignation than the one for which he submitted his resignation, he had the authority to reject his withdrawal and accept the resignation. The plea taken by him obviously has no legs to stand and even the learned Deputy Advocate General appearing on behalf of the State is unable to defend it. As held by a full Bench of the Allahabad High Court in Bahori Lal Paliwal v. District Magistrate Bullandshahr and another, 1956 AIR(All) 511a person elected to a public office has a right to withdraw his resignation and the same cannot be accepted thereafter by the authority concerned.

(3.) Consequently, this petition is allowed and the impugned order quashed. The petitioner shall also be entitled to the costs of this petition which are assessed at Rs. 400/-. Petition accepted.