Kerala High Court
P.Y. Annamkutty vs P.M. Baby And Ors. on 6 June, 2000
Equivalent citations: AIR2001KER18, AIR 2001 KERALA 18, (2000) 3 KER LT 18
Author: J.B. Koshy
Bench: J.B. Koshy
ORDER J.B. Koshy, J.
1. This original petition is filed for staying the operation and implementation of Ext. P4 order of the Election Commission. First respondent is an elected member of Adimali Grama Panchayat. The resignation said to have been sent by him was accepted by the petitioner, President of the Panchayat. By Ext. P2 first respondent made a representation under Section 155(4) of the Kerala Panchayat Raj Act (hereinafter referred to as 'the Act') disputing the resignation. According to him, he never willingly signed the resignation letter, the resignation letter was given to the leader of the party to be sent to the President after the party meeting, but it was sent directly without convening party meeting, it was not signed by him and, therefore, it should not be accepted. After issuing notice to all parties Ext. P4 was passed. The Election Commission in Ext. P4, on a finding of fact, found that first respondent did not sign the resignation letter voluntarily intending to resign from the Panchayat and he did not send it by registered post. Since he himself did not send the resignation letter, Ext. P2 was accepted. Election Commission accepted the case of first respondent and first respondent was allowed to continue in the Panchayat. No interim order was passed at the time of admission.
2. The contention of the petitioner is that a reference cannot be made by the person who resigned himself but only by the President who is authorised to receive the resignation letter can refer the dispute. Section 155(4) of the Act reads as follows :
"155. ..... (4) if any dispute regarding any resignation arises, it shall be referred for decision to the State Election Commission and its decision thereon shall be final :
Provided that no such dispute shall be entertained after the expiry of a period of thirty days from the date on which the resignation takes effect."
There is pre-condition to the above subsection that disputes can be referred only by the president. It can be referred by any person who is aggrieved either by the President or by the person who submits resignation if he raise a dispute regarding resignation. Therefore, it cannot be contended that Election Commission has no jurisdiction to deal with such a petition under Section 155(4) sent by the person who alleged to have sent the resignation letter.
3. How resignation can be done by a member of a society is clearly mentioned in Section 155(2) of the Act which reads as follows :
"155. .... (2) A Vice-President or Chairman of a Standing Committee or any other member of a Panchayat may resign his office by tendering his resignation in writing under his own hand to the President of a Panchayat and the resignation shall take effect on the date on which it is received by the President and the President shall report the fact to the Panchayat at once."
4. Here the person who resigned himself tendered his resignation to a party official and finding of fact is that he did not tender it to the hands of the President. Even though it may be tendered by registered post, it should be done by the person to the President. The finding is that petitioner did not send the resignation letter. It was sent against his will. This is a question of fact decided in favour of first respondent by the Election Commission, The finding of facts arrived at after detailed consideration and after complying with the principles of natural justice cannot be disturbed in a proceeding under Article 226 or 227 of the Constitution of India. In the absence of patent illegality or patent error of law or error of jurisdiction. I see no ground to interfere with Ext. P4 order.
The original petition is, therefore, dismissed.