Mohinder Singh vs Director, Rural Development and Panchayats and Others

Kanwaljit Singh Ahluwalia, J.—Present writ petition has been filed with a prayer that a writ in the nature of certiorari be issued and the order

dated 7.9.2010 (Annexure P-4), whereby resignation submitted by the Petitioner, was accepted, be quashed as 15 days statutory period given for

withdrawal of the resignation had not come to an end.

It is not disputed that the Petitioner had submitted his resignation from the office of Sarpanch of Gram Panchayat of village Narikey, Tehsil

Malerkotla-I, District Sangrur on 26.8.2010. In response thereto, Block Development and Panchayat Officer, Block Malerkotla-I, had issued

letter No. 1676 dated 26.8.2010 calling upon the Petitioner to submit his affidavit in support of the resignation. It is stated that the Petitioner, in

pursuance thereof, submitted his affidavit dated 23.8.2010. Counsel for the Petitioner has submitted that even though affidavit is dated 23.8.2010,

it was submitted only in response to letter No. 1676 dated 26.8.2010, therefore, period of 15 days is to be counted from 26.8.2010.

Counsel for the State, on instructions from Pardeep Sharda, has fairly stated that the resignation was received on 26.8.2010 and the same was

accepted on 7.9.2010. Section 17 of the Punjab Panchayati Raj Act, 1994 reads as under:

Resignation of Sarpanch. (1) The Sarpanch may resign his office by writing under his hand addressed to the Deputy Director concerned.

(2) Every resignation under Sub-section (1) shall take effect on the expiry of fifteen days from the date of its receipt unless within this period of

fifteen days he withdraws such resignation by writing under his hand addressed to the prescribed authority.

Even though affidavit is of 23.8.2010, same was submitted in pursuance of letter dated 26.8.2010, though it is to be construed that same was

submitted on 26.8.2010 or thereafter. This period of 15 days had not completed when the resignation was accepted. Thus acceptance of

resignation is not in consonance with mandate of Section 17 of the Act. Section 17 provides a breathing period of 15 days for any incumbent to

withdraw the resignation as holding of fresh election causes unnecessary burden upon the State. Thus, it may be noticed that resignation dated

26.8.2010 was accepted on 7.9.2010 and a period of 15 days had not elapsed, this writ petition has to be accepted. Accordingly, this writ

petition is accepted and the impugned order (Annexure P-4) aforesaid is quashed.

No costs.