High Court Kerala High Court

T.K.Unni vs Secretary on 23 May, 2009

Kerala High Court
T.K.Unni vs Secretary on 23 May, 2009
       

  

  

 
 
  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.