SHAMSUDDIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is an application by Shamsuddin under Article 226, Constitution of India, for the issue of a writ in the nature of 'mandamus' or prohibition or 'certiorari' to the State of Rajasthan.

(2.) The facts, which have led to this application, are not in dispute. The applicant, Shamsuddin, was elected as a member of the Nagaur Municipal Board on 10-9-1949 and his election was notified in the Rajasthan Raj-Patra dated 21-12-1949. The applicant worked as a member of the Board till January, 1951. Thereafter, it appears that he had to go to Bombay and stay there for a long time in connection with his business. He, therefore, sent his resignation from the membership of the Board by post from Bombay to the Collector of Nagaur on 8-6-1951, and this was received by the Collector on 12-6-1951. Shortly afterwards, the applicant found that he would not have to stay longer in Bombay. Therefore, on 23-6-1951, he sent a telegram to the Collector of Nagaur withdrawing his resignation which he had despatched on 8-6-1951, he also sent a letter on 25-6-1951, confirming his telegram and withdrawing his resignation. It appears that the resignation of the applicant, along with the letter withdrawing it, was forwarded to the Government of Rajasthan by the Collector. It further appears that the Govern-ment of Rajasthan accented the resignation on 23-7-1951, and did not attach any weight to the letter withdrawing the resignation. The applicant's contention before us is that in view of the fact that he had withdrawn his resignation the Government had no authority to act upon it, and the order of the Government accepting the applicant's resignation was clearly illegal 'ultra, vires', and void, and could not be enforced.

(3.) Learned counsel for the applicant has admitted that there is no law in force with respect to the Municipality of Nagaur, except Act No. XXI (21) of 1949, which prescribes the manner in which elections to Municipal Boards in District towns in the former State of Jodhpur would be held. This Act, however, makes no provision for any other matter excent the election of members to such Boards. The matter of resignation from such membership is thus left entirely unprovided for and there is no law in support of the applicant's contention that the Government had no authority to act upon the letter of resignation, when he had withdrawn it.