Dismissed

Sujithlal.B.S v. the Kerala State Election Commission

Kerala HC23 Dec 2022WA/1972/2022

Case brief

AI extract

What is this about?

The High Court of Kerala, in a writ appeal, dismissed the applicant's challenge against the dismissal of his writ petition. The applicant sought a declaration that a resignation letter was illegal and requested the quashing of an order refusing to accept the resignation because the President had withdrawn it. The Court found no infirmity in the view that the resignation did not take effect as the

What did the court decide?

Writ appeal dismissed. The resignation was not accepted as the withdrawal letter was received before the resignation letter.

Sujithlal.B.S Vs the Kerala State… — Constitutional and Fundamental Rights | Kerala HC (2022)

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W. A. No. 1972 of 2022

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944
WA NO. 1972 OF 2022

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AGAINST THE JUDGMENT WP(C) 29386/2022 OF HIGH COURT OF
KERALA

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APPELLANT/S:

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SUJITHLAL.B.S
AGED 50 YEARS
S/O BHARGAVAN,
CHAITHANYA,
MUTHUKULAM SOUTH MURI,
MUTHUKULAM VILLAGE,
ALAPUZHA DISTRICT.
, PIN - 690506
BY ADVS.
R.REJI
M.V.THAMBAN
THARA THAMBAN
B.BIPIN
ARUN BOSE

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RESPONDENT/S:

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1THE KERALA STATE ELECTION COMMISSION
T.C NO. 27/6(2), VIKAS BHAVAN (PO)
THIRUVANANTHAPURAM, THIRUVANANTHAPURAM DISTRICT,
REPRESENTED BY ITS SECRETARY, PIN - 695033

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2 THE DIRECTOR OF PANCHAYAT DIRECTORATE OF PANCHAYAT, THIRUVANANTHAPURAM,. , PIN - 695033

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3 THE DEPUTY DIRECTOR OF PANCHAYAT OFFICE OF THE DEPUTY DIRECTOR OF PANCHAYAT, ALAPPUZHA, ALAPPUZHA DISTRICT. , PIN - 689645

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4 MUTHUKULAM GRAMA PANCHAYAT, GRAMA PANCHAYAT OFFICE, MUTHUKULAM, MUTHUKULAM (PO), ALAPPUZHA DISTRICT, PIN- 690506, REPRESENTED BY ITS SECRETARY,, PIN - 690506

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W. A. No. 1972 of 2022

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5THE SECRETARY,
MUTHUKULAM GRAMA PANCHAYAT,
GRAMA PANCHAYAT OFFICE, MUTHUKULAM,
MUTHUKULAM (PO), ALAPPUZHA DISTRICT., PIN -
690506
6SMT. JYOTHI PRABHA.K.V,
UTHRADAM, MUTHUKULAM SOUTH (PO),
ALAPPUZHA DISTRICT., PIN - 690506
BY ADVS.
SHRI.DEEPU LAL MOHAN, SC, ELECTION COMMISSION OF
INDIA
S.K.ADHITHYAN
JOMY GEORGE

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
23.12.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

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W. A. No. 1972 of 2022

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J U D G M E N T

S. Manikumar, C. J.

Before the writ court, in W. P. (C) No. 29386 of 2022, petitioner has sought for the following reliefs:-

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“(i) To issue a declaration that Exhibit P4 of the 5^th respondent is illegal, without any authority of law and is against the provisions of the Kerala Panchayat Raj (Resignation of President, Vice President or Members) Rules, 2000;

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(ii) To issue a further declaration that Exhibit P1 letter of resignation of the 6^th respondent resigning from the Panchayat Committee of the 4^th respondent shall be take effect from the date of receipt of Exhibit P1 by the 5^th respondent and that there is no provision empowering the 6^th respondent to withdraw a valid resignation and to further declare that there is no provision empowering the 5^th respondent in not accepting a resignation tendered by a member of a Panchayat under the provisions of the Kerala Panchayat Raj (Resignation of President, Vice President or Members) Rules, 2000 on the ground that the concerned member has later withdrawn the resignation before its acceptance by the Secretary;

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(iii) To call for the records leading to Exhibit P4 and quash Exhibit P4 and all further proceedings pursuant thereto.”

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Short facts leading to the filing of the writ petition are as

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under:-

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2.1. Petitioner is a local resident of Ward No. VII of

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Muthukulam Grama Panchayat and was a former President of

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W. A. No. 1972 of 2022

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Muthukulam Grama Panchayat for the period 2015-2018. Smt. Jyothi Prabha K. V., the 6^th respondent, was elected from Ward No. VII of Muthukulam Grama Panchayat, and later on, got elected as the President of the Muthukulam Grama Panchayat.

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2.2. Petitioner has stated that the 6^th respondent submitted resignation in the form prescribed under Rule 3(1) of the Kerala Panchayat Raj (Resignation of President, Vice President or Members) Rules, 2000, by Ext. P1 letter dated 08.07.2022. On the date of receipt of Ext. P1, by registered post, i.e. on 12.07.2022, at 12:30 P.M., just immediately before the receipt of the resignation letter by the Secretary, Muthukulam Grama Panchayat, the 5^th respondent, she submitted Ext. P2 written letter at 12:21 P.M., requesting the 5^th respondent, neither to approve nor to accept the resignation tendered by the 6^th respondent.

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2.3. Petitioner has further stated that since no action has been taken by the 5^th respondent, he approached the Kerala State Election Commission, the 1^st respondent, and filed a complaint. Later, the 1^st respondent has issued Ext. P3 letter dated 30.07.2022 to the 5^th respondent, directing to dispose of the request of resignation, in terms

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W. A. No. 1972 of 2022

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of Rules 3 and 4 of the Kerala Panchayat Raj (Resignation of President, Vice President or Rules, 2000. The 5^th respondent finally issued Ext. P4 letter dated 03.08.2022, stating that since the letter withdrawing the resignation of the 6^th respondent has received in his office at 12.21 P.M. on 12.07.2021, and that the resignation letter by the 6^th respondent was received only at 12.30 P.M. on 12.07.2021, by registered post, there is no need to accept Ext. P1 resignation tendered by the 6^th respondent, and that the resignation has not come into force.

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After considering the rival submissions, writ court, by judgment dated 10.11.2022 in W. P. (C) No. 29386 of 2022, dismissed the writ petition, as under:-

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“10. The pleadings in the writ petition would show that the 6^th respondent signed Ext.P1 resignation letter on 08.07.2022. Ext.P1 is attested by a Government Officer of gazetted rank. Ext.P2 is the letter sent by the 6^th respondent requesting the Secretary not to accept her resignation letter. It is discernible from the pleadings and arguments that Ext.P1 letter was sent by post whereas Ext.P2 letter was delivered by hand. Ext.P2 withdrawal of resignation was received by the Secretary at 12.21 pm on 12.07.2022 whereas the resignation letter sent by post was served on the Secretary only at 12.30 pm on 12.07.2022.

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W. A. No. 1972 of 2022

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Therefore, even before the Secretary received the resignation letter, the 6th respondent has requested the Secretary not to accept the resignation letter sent by the 6^th respondent by post. True, the Secretary has no general discretion in the matter in view of the Rules, 2000. This Court has also held that the effect of resignation commences from the delivery of the resignation letter to the Secretary. But, in this case, it is to be noted that the 6^th respondent has categorically expressed her intention to withdraw the resignation letter even before the resignation letter was served on the Secretary.

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Therefore, I am of the firm view that the judgment in Unni T.K. (supra) cannot be applied to the facts of this case. It is to be further noted that the Rules, 2000 contemplate a mechanism for settlement of dispute regarding resignation. Any person having a dispute regarding the resignation of the President of the Panchayat has to file petition before the State Election Commission within fifteen days from the date on which the resignation is deemed to have taken effect. The State Election Commission would submit that the Election Commission has not received any petition from the writ petitioner. For that reason also, I am not inclined to interfere with the decision taken by the Secretary to the Grama Panchayat as per Ext.P4.

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For all the afore reasons, the writ petition fails and it is dismissed.”

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Being aggrieved, writ petitioner has preferred the instant writ appeal.

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W. A. No. 1972 of 2022

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Today, when the matter came up, referring to Rule 5 of the

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Kerala Panchayat Raj (Resignation of President, Vice-President or Members) Rules, 2000, Mr. R. Reji, learned counsel for the appellant, submitted that any person having a dispute regarding the resignation of the President or the 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.

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He further submitted that the 6^th respondent viz., Smt. Jyothi Prabha K.V., instead of raising a dispute before the Kerala State Election Commission, the 1^st respondent, delivered Exhibit-P2 letter dated 12.07.2022 to the Secretary of the Grama Panchayat, which is against the law.

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Heard learned counsel for the parties and perused the material on record.

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Rule 5 of the Kerala Panchayat Raj (Resignation of President, Vice-President or Members) Rules, 2000, reads as under:

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“ 5. Settlement of dispute regarding resignation .— (1) Any person having a dispute regarding the resignation of the President or the Vice-President or the Member may, within fifteen days from the date1 on

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W. A. No. 1972 of 2022

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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.

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(2) Every petition filed before the State Election Commission undo1 sub-rule (1) shall be disposed of by the Commission, as early as possible.”

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Here is a case where the resignation will not come into play

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for the reason that, in order to accept a resignation, there should a receipt of the resignation. The 6^th respondent had withdrawn the resignation letter, and that the letter was not received by the Secretary of Muthukulam Grama Panchayat.

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Moreover, the person, who has tendered the resignation, has not disputed the matter, and whereas, it is the appellant, who has raised the dispute, which has been answered by the Kerala State Election Commission, the 1^st respondent.

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The Secretary of the Grama Panchayat has sought clarification from the Kerala State Election Commission, and that the Commission, by Exhibit-P3 letter dated 30.07.2022, directed the Secretary to resolve the issue, with respect the resignation application. Thus, as per the direction of the Commission, Secretary of the Grama Panchayat issued Exhibit-P4 letter dated 03.08.2022.

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W. A. No. 1972 of 2022

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In the light of the above discussion, we find no infirmity in the judgment of the learned single Judge dated 10.11.2022, and therefore, not inclined to interfere.

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Accordingly, instant writ appeal is dismissed.

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Sd/S. MANIKUMAR CHIEF JUSTICE

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Sd/-

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SHAJI P. CHALY JUDGE

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///TRUE COPY/// P. A. TO JUDGE

Sujithlal.B.S v. the Kerala State Election Commission

Case brief

What is this about?

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Sujithlal.B.S v. the Kerala State Election Commission

Case brief

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