IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 14134 of 2009(J)
1. T.K.UNNI, S/O.KORAN, AGED 44,
... Petitioner
Vs
1. SECRETARY, PERINJANAM GRAMA PANCHAYATH,
... Respondent
2. KERALA STATE ELECTION COMMISSION
For Petitioner :SRI.K.C.ELDHO
For Respondent :SRI.MURALI PURUSHOTHAMAN, SC,K.S.E.COMM
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :23/05/2009
O R D E R
THOTTATHIL B. RADHAKRISHNAN, J.
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W.P.(C).No.14134 of 2009-J
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Dated this the 23rd day of May, 2009.
JUDGMENT
“CR”
1.The petitioner, then a member of a panchayat
committee, submitted his resignation to the
Secretary of that panchayat on 28.4.2009. After
that, in the evening of that day, he made Ext.P2
to the Secretary of the Panchayat, to be
forwarded to the State Election Commission for
decision in terms of Section 155(3) of the Kerala
Panchayat Raj Act, 1994, for short, the “Act”, as
a dispute. He thereby essentially took the stand
that he resiles from the tendered resignation on
the ground that the resignation was submitted by
him in a disturbed state of mind. By the impugned
communication, the Commission has refused to
entertain the petitioner’s request on the ground
that the resignation had taken effect and a
dispute regarding the resignation admittedly
made, though allegedly in a disturbed state of
WP(C)14134/09 -: 2 :-
mind, cannot be entertained. This is under
challenge.
2.Heard the learned counsel for the petitioner and
the learned standing counsel for the Commission.
3.Sub-section 3 of Section 155 provides that if
any dispute regarding any resignation arises, it
shall be referred to the State Election Commission
for decision and its decision thereon shall be
final. Rule 5 of the Kerala Panchayat Raj
(Resignation of President, Vice-President or
Members) Rules, 2000, hereinafter, the “Rules”,
provides the mode of settlement of such disputes.
Rule 5(1) states that any person having a dispute
regarding the resignation of the President or
Vice-President or the Member may, within fifteen
days from the date on which the resignation is
deemed to have taken effect, prefer a petition
before the State Election Commission for its
decision and the decision of the Commission
thereon shall be final. Rule 3 prescribes the mode
WP(C)14134/09 -: 3 :-
and form for making and tendering resignation.
Apart from sub-rule 5 of Rule 3, which provides
that the resignation shall take effect from the
date on which the resignation letter is received
by the Secretary, sub-section 1 of Section 155 of
the Act categorically provides that the
resignation shall take effect from the date on
which it is received by the Secretary and the
Secretary shall immediately report the fact to the
President and the State Election Commission.
Therefore, the effect of resignation commences
from the delivery of the resignation letter to the
Secretary. All that the Secretary has to do is to
acknowledge receipt of the resignation. That it
has been so done in the case in hand, is not in
dispute. Even if the word ‘date’ in sub-section 1
of Section 155 could be looked at from different
angles, it cannot be treated as from the end of
the day on which the resignation is tendered.
This is because the effect of resignation is not
legislatively made to depend on its acceptance by
any person or authority or to be controlled by any
WP(C)14134/09 -: 4 :-
subsequent event. Hence, a resignation by a
President or Vice-President or Members of a
panchayat in terms of sub-section 1 of Section 155
of the Act takes effect from the receipt of the
resignation by the Secretary of the panchayat
either in person in terms of that sub-section or
by the mode, through post, as provided in sub-
section 2 of Section 155.
4.For the aforesaid reasons, the impugned decision
of the Commission stands.
5.Having concluded as above and no dispute being
raised on the afore-noted facts, the impugned
decision cannot be faulted merely on the ground of
absence of pre-decisional hearing. That plea is
also rejected.
In the result, this writ petition is dismissed.
THOTTATHIL B. RADHAKRISHNAN,
Sha/260509 JUDGE.