Court’s Decision:
The Bombay High Court ruled that the resignation of the petitioner, who held the position of Sarpanch in Gram Panchayat Ainghar, did not take effect as it was withdrawn during the Gram Panchayat meeting. The Court further stated that the Collector’s order, which declared the post vacant, was incorrect and subsequently set aside the election of a new Sarpanch that had been conducted following this erroneous decision.
Facts:
The petitioner had been elected as a Member of the Gram Panchayat in February 2021, and on 5 March 2024, she tendered her resignation from the post of Sarpanch to the Chairman of the Panchayat Samiti. A meeting of the Gram Panchayat was called to verify the resignation. During the meeting on 15 March 2024, the petitioner withdrew her resignation. This withdrawal was recorded in the meeting minutes and forwarded to the higher authorities.
Despite the withdrawal of the resignation, the matter was taken up by the Collector’s office. In June 2024, the Collector declared the position of Sarpanch vacant and initiated the process for the election of a new Sarpanch. The petitioner contested the Collector’s decision, arguing that her resignation had not taken effect due to the withdrawal in the meeting.
Issues:
- Whether a resignation tendered by a Sarpanch can be withdrawn before it is formally accepted or verified in a Gram Panchayat meeting?
- Is it mandatory for a Sarpanch who has withdrawn their resignation to file a Dispute under Section 29(3) of the Maharashtra Village Panchayats Act to prevent the resignation from taking effect?
Petitioner’s Arguments:
The petitioner argued that since she withdrew her resignation during the Gram Panchayat meeting, the resignation was never finalized and therefore could not take effect. She claimed that once a resignation is withdrawn in a meeting, it becomes void and there is no further requirement for it to be debated or accepted. Hence, no Dispute needed to be filed before the Collector.
The petitioner emphasized her right to withdraw the resignation before its formal acceptance, citing her belief that the Collector’s actions were based on an incorrect interpretation of the law.
Respondent’s Arguments:
The State’s counsel argued that once the resignation was tendered by the petitioner, it was automatically considered accepted under the provisions of the Maharashtra Village Panchayats Act. The respondent contended that since the resignation was submitted and the statutory procedure had been followed, the resignation should take effect after the specified period unless disputed.
Further, the respondent argued that once the resignation was placed before the Gram Panchayat meeting, the statutory process to validate the resignation had begun. Therefore, they claimed that the resignation could not be withdrawn unless a formal Dispute was raised under Section 29(3) of the Maharashtra Village Panchayats Act to challenge its genuineness.
Analysis of the Law:
The Court considered the provisions of Section 29 and Section 34 of the Maharashtra Village Panchayats Act, which govern the resignation process for Panchayat members, including the Sarpanch.
- Section 29(6) specifies that once a resignation is placed before the Panchayat meeting, it automatically takes effect after seven days unless there is a dispute over its genuineness. The statute does not explicitly provide for a withdrawal of the resignation but leaves room for the withdrawal before the resignation is accepted or finalized.
- Section 34 outlines the resignation process for the Sarpanch or Upasarpanch, with similar requirements to Section 29. Once the resignation is placed before the Panchayat, it must be either accepted or rejected based on the procedure.
The Court analyzed whether the statutory scheme allows for the withdrawal of the resignation before it takes effect, particularly before the resignation is discussed and accepted in the meeting. The Court found that the statutory provisions did not explicitly address the withdrawal of resignation, but previous judgments have recognized this inherent right, meaning a Sarpanch can withdraw their resignation at any point before it takes effect.
Precedent Analysis:
The Court examined several precedents that have dealt with the issue of resignation withdrawals in similar cases:
- Kumudini Ratilal Bhagat v. State of Maharashtra (1987) Mh.L.J. 462: The Court held that while the statutory framework did not provide for an explicit withdrawal of resignation, a resignation can be withdrawn before it takes effect. The Court emphasized the inherent right of an individual to withdraw their resignation, provided this occurs before it becomes final.
- Babanrao Uttamrao Jadhav v. Additional Collector (2016): This case affirmed that a resignation can be withdrawn even after it is placed before the Panchayat meeting but before it is confirmed and deemed effective.
- Mina Kalyan Devdhe v. Commissioner (2019) Mh.L.J. 212: In this case, the Court reiterated that once a resignation is withdrawn, there is no need to file a Dispute with the Collector to prevent its acceptance.
- Rajesh Matadin Jaiswal v. Village Panchayat Wadi (1987) Bom.C.R. 528: This decision further supported the principle that the resignation can be withdrawn at any stage before it becomes effective and that there is no statutory bar to this withdrawal.
Court’s Reasoning:
The Court concluded that the resignation of the petitioner never took effect because it was withdrawn during the Gram Panchayat meeting. The Court emphasized that once the resignation was withdrawn, it ceased to exist and could not be acted upon. The Collector had erred in accepting the resignation as valid despite the clear withdrawal.
The Court also rejected the argument that the petitioner needed to file a Dispute with the Collector. It ruled that once the resignation was withdrawn, the statutory process ceased, and there was no longer a resignation to dispute.
Conclusion:
The Court allowed the petition and set aside the Collector’s order declaring the position of Sarpanch vacant. It further invalidated the election of the new Sarpanch held in June 2024. The Court declared that the petitioner remained the Sarpanch of Gram Panchayat Ainghar, as her resignation had never taken effect due to its withdrawal.
Implications:
This decision clarifies that under the Maharashtra Village Panchayats Act, a resignation can be withdrawn before it takes effect, even if it has been placed before the Gram Panchayat meeting. The judgment upholds the principle that an individual has an inherent right to withdraw a resignation before it becomes final, and this withdrawal nullifies the resignation process. This ruling will affect how future resignations are handled in village Panchayats, particularly in relation to the necessity of filing a Dispute to stop a resignation from becoming effective when it has been withdrawn.
