Court No. - 38 Case :- WRIT - A No. - 2371 of 2010 Petitioner :- Smt. Meena Devi Respondent :- State Of U.P. Petitioner Counsel :- Man Bahadur Singh Respondent Counsel :- C.S.C. Hon'ble Amreshwar Pratap Sahi,J.
Heard learned counsel for the petitioner and the learned standing
counsel.
The contention raised is that the impugned order proceeds on an
erroneous assumption of law. The submission is that the petitioner
applied on 16.6.2006 for the post in question and she was appointed on
31.7.2006. It is urged that prior to this, the petitioner had already
submitted her resignation from the office of Member, Gram Panchayat
on 19.11.2005.
Learned counsel for the petitioner has invited the attention of the Court
to Annexure 1 to the writ petition . It is urged that the said letter of
resignation has been forwarded by the block level authority to the
District Panchayat Raj Officer.
Section 12-F of the Panchayat Raj Act,1947 is quoted below:
“12-F Resignation- A Pradhan, Up-Pradhan or a member of Gram
Panchayat may, by writing under his hand addressed to such
authority as may be prescribed, resign his office and his office
shall thereupon become vacant.”
The rules which have been framed for giving effect to the aforesaid
provision is Rule 60 which is quoted below:
“Rule 60. Resignations by Pradhan or Up-Pradhan or member or
Panch- The Pradhan or Up-Pradhan or member of Gram
Panchayat or a committee, or a Panch, Sahayak Sarpanch or
Sarpanch wishing to resign his office, may do so by either
presenting to the prescribed authority in person or sending to his
address by registered post, his written resignation signed himself
and attested by the Panchayat Secretary, and upon so presenting
or sending the written resignation the person concerned shall be
deemed to have vacated his office.”
The schedule indicates that the Prescribed Authority for action to be
taken under Section 12-F is the District Panchayat Raj Officer.
From a perusal of the aforesaid provision, there is no room for doubt
that the petitioner had presented the resignation before the District
Panchayat Raj Officer and it was channelised through the block level
authority. The resignation comes into effect forthwith and the section as
well as the rule clearly indicate that it is a unilateral act and is not
dependent upon any bilateral act to be performed by the District
Panchayat Raj Officer. The jural relationship of the petitioner as member
of Gram Panchayat therefore ceases with effect from the date he or she
tenders the resignation before the prescribed authority.
Accordingly, the impugned order prima facie cannot withstand the
scrutiny of the law referred to above.
Until further orders of this Court, the operation of the impugned order
dated 24.12.2009 shall remain stayed.
Learned counsel for the respondents is granted 3 weeks to file counter
affidavit. One week is granted to file a rejoinder affidavit.
List thereafter.
Order Date :- 21.1.2010
mna