shall thereupon become
vacant‖ when a Member ―resigns his seat‖ and the resignation is accepted by the
Speaker and the Chairman, as the case ... role which has been entrusted to the Speaker, stating:
―79. Third, the Speaker can reject the resignation, if the
Speaker is satisfied that the resignation
Speaker
personally and informs the Speaker that the same is voluntary
and genuine, then the Speaker has to accept the resignation
immediately.
The learned Senior ... Speaker has limited discretion for rejecting the
resignation. If the resignation is voluntary or genuine, the
36
Speaker has to accept the resignation and communicate
resignation for the seat to become
vacant, but he has limited discretion for rejecting the resignation. If
the resignation is voluntary or genuine, the Speaker ... Speaker to accept the resignation, meaning thereby, merely
.
addressing resignation to the Speaker would not lead to the seat
automatically falling vacant, rather specific decision
Speaker has limited discretion for rejecting the resignation. If
the resignation is voluntary or genuine, the Speaker has to accept the
resignation and communicate ... role which has been entrusted to the Speaker,
stating:
"79. Third, the Speaker can reject the resignation, if the
Speaker is satisfied that
Annexure P-1 colly)
to the Speaker of the Himachal Pradesh Legislative Assembly (for short
"Speaker") resigning from Membership of the Assembly with ... which the
petitioners had with the Speaker on 10.4.2024 they had again prayed the
Speaker to accept their resignations, and so, there is no need
also a letter of
resignation in person to the Speaker. The Speaker 'kept
the resignation in abeyance pending enquiry' and
rendered ... decision also
taken by the Speaker. The purported decision of the
Speaker on the letter of resignation was admittedly not
communicated to the petitioner
also a letter of
resignation in person to the Speaker. The Speaker 'kept
the resignation in abeyance pending enquiry' and
rendered ... decision also
taken by the Speaker. The purported decision of the
Speaker on the letter of resignation was admittedly not
communicated to the petitioner
they had never signed any letter of resignation or handed over
any resignation letter to the Speaker personally. The notification accepting
the purported resignation letters ... voluntary and genuine and the Speaker has no information or
knowledge to the contrary, the Speaker may accept the
resignation immediately.
If the Speaker receives
read out by the Speaker in the Vidhan Sabha. The Speaker also said that this letter of resignation was not in proper form ... letter of resignation.
(4) The Secretary shall, as soon as may be, after receipt of resignation by the Speaker, cause the said fact of resignation
Constitution.
(iii) The resignation was not voluntary.
(iv) There was no real acceptance of resignation by the Speaker and the purported
acceptance by the Deputy ... shall not accept the resignation. When the second respondent personally tendered the resignation to the Speaker and assured him about the voluntary nature, the Speaker
