Bare ActsThe Madhya Pradesh Panchayat Raj Evam Gram Swaraj Adhiniyam 1993

Section 37

Resignation by officer bearer of Pancbayat

Amendment status not verified — confirm the current text below against the official source.

Resignation by officer bearer of Pancbayat.-( 1)1\panch of a Gram Panchayat or a member of Janpad Panchayat or a member of Zila Panchayat may' resign his office by giving notice tn writing to that effect to the Sarpanch or President as the case may be. (2) The Sarpanch or Up'Sarpanch of a Gram Panchayat or the President or Vice-President of a Janpad Panchayat or Zila Panchayat may resign his office by giving notice in writing to the prescribed authority. (3) The manner of giving notice and procedure for tendering resig- nation and Its becoming effective shall be as may be prescribed: Provided that a person tendering resignation may withdraw his resignation before It becomes effective. COMMENTARY Acceptance of resignation. ord.er- Validity ~f,-Under S.3'7ccthec resignation could not be accepted without affording him an opportunity to reconsider the decision, the Rules have been framed under Section 37 namely the M.P. Panchayat (Resignation by Officebearers) Rules 1995 and according to its Rules 3 & 4, the resignation couldbe accepted under sub-rule (4) of Rule 4 only af'ter a full and complete compliance with the provisions of preceding two sub-rules of Rule 4, contemplating consideration thereon by Panchayat at its next meeting under notice to the petitioner. A bare perusal of the record would reveal that the resignation has been accepted by circumventing the procedure prescribed therefor, hence non-compliance with the mandatory'j,rovisionsofsub-rules (2)'lliid(3) i,fsuffiCienttoh"ld . that the resignation was not validly accepted. Bihari Dos v. State of M.P., 2014(1) MPLJ 148 = 2013(4) MPHT 542 = ILR 2013 MP 1069. Rules:- The State Government has made the following rules in exercise- of the powers conferred by this section. These Rules shall be found under Rules given separately. "PANCHAYAT (RESIGNATION BY OFFICEBEARER) RULES, 1995"

Section 37 – The Madhya Pradesh Panchayat Raj Evam Gram Swaraj Adhiniyam 1993 | DailyLaw.ai