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(i) On the issue of resignation;

It appears that the Respondent No. 6 had submitted her resignation on 29th of January, 2019. This was presented to none else than the present President who is petitioner in the present petition. From the record, it appears that the letter of resignation in fact does not carry any specific date but the same envisage that the resignation should take effect from 29th of January, 2019. Subsequently, however, the Respondent No. 6 with regard to her resignation, had submitted an application yet again to the President of Municipal Committee, Aishmuqam, on 6th of February, 209. It is not denied that by that time, the resignation had not been accepted by the Committee. The matter concerning resignation of a member, is covered under section 15 of the Municipal Act 2000 and envisages that a member of municipality, may resign urgently with resignation in writing to the President, who shall place the same before the Municipality for its acceptance, unless withdrawn within fifteen days from the date of tendering of resignation and further that, on acceptance of the resignation, the seat of the member shall be deemed to have become vacant, to be filled up under section 19 of the Act.

A lot of emphasis was laid by the learned counsel for the petitioner to urge that since the resignation was not withdrawn within fifteen days from the date it was tendered, the same could not have been withdrawn and that by necessary implication, the Respondent No. 6, must be deemed to have resigned and the seat deemed to have become vacant. The argument, however, does not appear to be convincing and cannot be accepted for the simple reason that on the plain reading of letter of resignation, the same had desired that the resignation should take effect from 29th of January, 2019. If fifteen days were to be taken from 29th of January, 2019, the same would lapse on 13th of February, 2019. In the instant case, the letter of withdrawal of resignation appears to have been submitted before the President on 6 th of February, 2019, well within the time prescribed. Notwithstanding the above, in my opinion, the interpretation of section 15 of the Act, is not the same as was sought to be projected by the learned counsel for the petitioner. It is settled law that the letter of resignation can always be withdrawn before the same is formally accepted. In the present case, the Committee had not accepted the resignation tendered by the Respondent No. 6 and, therefore, the same could have been withdrawn at any time before the same was accepted. The fifteen days' period prescribed in section 15 of the Act does not at all mandate that resignation once tendered if not withdrawn within fifteen days, cannot be withdrawn thereafter. In fact, it only enjoins the President of the Municipality to forward and place the same before the Committee for a formal decision thereupon. Mr Rais Ud Din Ganai, learned GA representing Respondents 1 to 5 has also produced the records which shows that the Respondent No. 6 after the withdrawal of her resignation, had not only worked and attended the business of the Committee but had also received her honorarium from time to time.