IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.6087 of 2011
MIRA DEVI .
Versus
THE STATE ELECTION COMMISSION & ORS.
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2/ 08/04/2011 Heard learned counsel for the petitioner and
learned counsel for the State.
On the own showing of the petitioner on the
date that she filed her nomination i.e. 21.3.2011, her
resignation submitted on 11.3.2001 yet remained to be
accepted.
The submission of a resignation does not
tantamount to acceptance. Resignation is not a
unilateral but a bilateral process requiring its proper
acceptance.
It is more than apparent that the day that the
petitioner filed her nomination she was ineligible to do
so in absence of the resignation having been accepted
prior to that date.
There is no merit in this application.
The writ application stands dismissed.
KC ( Navin Sinha, J.)