MD SHAHZADA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Whether a tenderer of the resignation could be permitted to withdraw the resignation from an elective post before the acceptance of the resignation, is the sole question which is posed before us for consideration and adjudication in this Letters Patent Appeal under clause 10 of the Letters Patent questioning the legality and validity of the judgment of the learned single Judge recorded on 23-8-2005 in C.W.J. C. No. 8322 of 2005 Reported 2005(4) Pat LJR 197.

(2.) We have heard the learned counsels for the parties. We have also, dispassionately, examined the record. We have also analyzed and considered the relevant provisions of law and have also considered the case law relied on.

(3.) The appellant original petitioner tendered his resignation, who was then Vice Chairman of the respondent Munger Municipality. He had addressed his letter of resignation one to the Divisional Commissioner, and the other to the Executive Officer. Munger Municipality. But subsequently, he tendered a letter withdrawing his resignation before the date of its acceptance.