- 1 - NC: 2025:KHC-D:359 WP No. 107865 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 9TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 107865 OF 2024 (LB-RES) BETWEEN: SHRI MALAGOUDA S/O. SHIVAGOUDA PATIL, AGE: 40 YEARS, OCC: AGRICULTURE AND VICE-PRESIDENT, GRAM PANCHAYAT, KOHALI, R/O. AT POST KOHALI, TAL: ATHANI, DIST: BELAGAVI-591304. …PETITIONER (BY SRI. JAGADISH PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS UNDER SECRETARY, TO THE DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYAT RAJ (RDPR), VIDHAN SOUDHA, BENGALURU-560001. 2. THE ASSISTANT COMMISSIONER & SUB DIVISIONAL OFFICER CHIKKODI, CHIKKODI SUB DIVISION, CHIKKODI, DIST: BELAGAVI-591201. 3. THE GRAM PANCHAYAT, CHIKKODI, REP. BY ITS SECRETARY, BELAGAVI-591201. …RESPONDENTS (BY SRI. V.S. KALASURMATH, AGA FOR R1-R2; SRI. PRASHANT S. HOSAMANI, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER BEARING NO.CHUNAWANE/2024-25/E-225813 DATED 16/12/2024 PASSED BY THE 2ND RESPONDENT VIDE ANNEXURE-D, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: R ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:359 WP No. 107865 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking the following relief: i. Issue Writ in nature of Certiorari quashing the Impugned order bearing no.Chunawane/2024- 25/e-225813 dated 16/12/2024 passed by the 2nd respondent vide Annexure-D, in the interest of justice and equity. ii. Issue any other appropriate Writ or Order or Direction which deems fit to grant by this Hon’ble Court under the facts and circumstances of the case. 2. The petitioner admittedly was the Vice-President of the Kohalli Grama Panchayat. The petitioner is stated to have submitted a resignation letter on 04.12.2024 to the 2nd respondent-Assistant Commissioner. Thereafter, the petitioner under the letter dated 14.12.2024 submitted on 16.12.2024 sought to withdraw the resignation on the ground that the resignation letter had been submitted under threat and coercion from other Grama Panchayat members. Despite the said letter being submitted, the 2nd respondent-Assistant Commissioner by way of his - 3 - NC: 2025:KHC-D:359 WP No. 107865 of 2024 order dated 16.12.2024 passed at 11:42 a.m. has accepted the said resignation. It is challenging the same, the petitioner is before this Court. 3. Shri Jagadish Patil, learned counsel appearing for the petitioner submits that firstly the petitioner has 10 days time to withdraw the resignation in terms of Sub-section (3) of Section 48 of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 (for short, ‘the Act, 1993’) the resignation letter submitted on 04.12.2024, 10 days time to withdraw the resignation expired on 14.12.2024, 14.12.2024 being a second Saturday and 15.12.2024 being a Sunday. When the office of the 2nd respondent was closed on account of public holiday, the withdrawal letter was submitted in the forenoon session of 16.12.2024, the public holidays would have to be taken into consideration for the purposes of calculation of the period of 10 days as prescribed under Sub-section (3) of section 48 of the Act, 1993. - 4 - NC: 2025:KHC-D:359 WP No. 107865 of 2024 4. Shri Prashant S. Hosamani, learned counsel appearing for respondent No.3 submits that the period of 10 days would have to be calculated from the date of receipt of the resignation letter by the Assistant Commissioner or by the Adhyaksha. The resignation letter having been submitted on 04.12.2024, the period of 10 days expired on 13.12.2024 and since no withdrawal having been made by 13.12.2024, the question of referring to and contending that 14th and 15th of December, 2024 were holidays would not arise. Since the withdrawal application was not made by 13.12.2024, the same automatically came into effect and the petitioner’s resignation stood accepted in terms of Sub-section (3) of Section 48 of the Act, 1993. 5. Heard learned counsel for the petitioner and respondents. Perused the papers. 6. The questions that would arise for consideration are as under : - 5 - NC: 2025:KHC-D:359 WP No. 107865 of 2024 (i) Whether for the purpose of calculation of period of 10 days prescribed under Sub-section (3) of Section 48 of the Act, 1993, the date of receipt of the resignation letter would have to be taken into consideration or would have to be excluded? (ii) Whether there is a requirement on the part of the Assistant Commissioner to enquire into the cause of resignation and satisfy that the resignation has not been submitted under the threat, coercion or undue influence and allurement? (iii) What order? 7. Section 48 of the Act 1993 reproduces for easy reference as sunder : “48. Resignation or removal of Adhyaksha and Upadhyaksha. (1) The Adhyaksha of the Grama Panchayat may resign his office by writing under his hand addressed to the Assistant Commissioner and the Upadhyaksha of the Grama Panchayat may resign his office by writing under his hand addressed to the Adhyaksha and in absence of the Adhyaksha to the Assistant Commissioner. Provided that Adhyaksha or Upadhyaksha of a Gram Panchayat shall,- (i) on the grounds of proven physical or mental incapacity certified by a competent authority approved by the State Election Commission; or - 6 - NC: 2025:KHC-D:359 WP No. 107865 of 2024 (ii) on the grounds of securing employment in central Government or State Government or public undertakings. -resign his office or membership, or be liable for removal: Provided further that the Assistant Commissioner shall enquire into the cause of resignation and satisfy that resignation has not been submitted under threat, coercion, undue influence and allurement and is submitted voluntarily; Provided also that the Deputy Commissioner shall enquire after receipt of a complaint that resignation is submitted under threat, coercion, undue influence and allurement and is not submitted voluntarily, shall not accept such resignation. (2) Every Adhyaksha or Upadhyaksha of the Grama Panchayat shall vacate his office if he ceases to be a member of the Grama Panchayat. (3) Every resignation under sub-section (1) shall take effect on the expiry of ten days from the date of its receipt by the Assistant Commissioner or the Adhyaksha, as the case may be, unless within the period of ten days he withdraws such resignation by writing under his hand addressed to the Assistant Commissioner or the Adhyaksha, as the case may be. (4) Every Adhyaksha and Upadhyaksha of Grama Panchayat shall, after an opportunity is afforded for hearing him, [and if necessary after obtaining a report from the Taluk Panchayat and considering the same] be removable from his office as Adhyaksha or Upadhyaksha by the [Government] for being persistently remiss [or guilty of misconduct] in the discharge of his duties - 7 - NC: 2025:KHC-D:359 WP No. 107865 of 2024 and an Adhyaksha or Upadhyaksha so removed who does not cease to be a member under sub- section (2) shall not be eligible for re-election as Adhyaksha or Upadhyaksha during the remaining term of office as member of such Grama Panchayat. (5) An Adhyaksha or Upadhyaksha removed from his office under sub-section (4) may also be removed by the [Government] from the membership of the Grama Panchayat.” 8. Answer to Point No.(i) Whether for the purpose of calculation of period of 10 days prescribed under Sub-section (3) of Section 48 of the Act, 1993, the date of receipt of the resignation letter would have to be taken into consideration or would have to be excluded? : 8.1. Sub-section (3) of the aforesaid Section 48 would indicates that every resignation made under Sub-section (1) of Section 48 shall take into effect on the expiry of 10 days from the date of receipt by the Assistant Commissioner or the Upadhyaksha unless within the period of 10 days he withdraws such resignation by writing under his hand addressed to the Assistant Commissioner. 8.2. In the present case, the resignation letter has been stated to have been submitted on 04.12.2024. The contention of learned counsel - 8 - NC: 2025:KHC-D:359 WP No. 107865 of 2024 Sri Prashant Hosamani is that the period of 10 days would have to be calculated from 04.12.2024, which would expire on 13.12.2024. 8.3. The resignation having been submitted on 04.12.2024, a perusal of Sub-section (3) would indicate that the period of 10 days is to be calculated from the date of receipt by the Assistant Commissioner. The 10 days obviously would not include the date on which the resignation was submitted. Since the usage of the words is “from the date of receipt”. The word “from” would have to only mean the 10 days would have to be calculated from the next day after the receipt of the resignation and not on the date itself on which the resignation was submitted. 8.4. In that view of the matter, I answer to Point No.(i) by holding that the period of 10 days prescribed under Sub-section (3) of Section 48 would have to be calculated commencing from the next date after the date of submission of the resignation letter. 9. Answer to Point No.(ii) Whether there is a requirement on the part of the Assistant Commissioner to enquire into the cause of resignation and satisfy that the resignation has - 9 - NC: 2025:KHC-D:359 WP No. 107865 of 2024 not been submitted under the threat, coercion or undue influence and allurement? 9.1. The second provisio to Sub-section (i) of Section 48 of the Act, 1993 reproduced hereinabove would indicate that on the receipt of the resignation letter by the Assistant Commissioner, the Assistant Commissioner shall enquire into the cause of resignation and satisfy that the resignation has not been submitted under threat, coercion, undue influence and allurement and is submitted voluntarily. 9.2. Therefore, it was a requirement on the part of the Assistant Commissioner to cause enquiry irrespective of whether there was any allegation made in this regard by the petitioner or not. Without causing such an enquiry, the Assistant Commissioner could not have passed the impugned order accepting the resignation. - 10 - NC: 2025:KHC-D:359 WP No. 107865 of 2024 9.3. This also clubbed with the fact that on 16.12.2024, the petitioner had submitted a letter withdrawing the resignation on the ground that there was a threat and coercion exercised by other members of the Gram Panchayat in forcing the petitioner to submit his resignation. 9.4. Firstly, there is a duty cast on the Assistant Commissioner to cause an enquiry before accepting the resignation irrespective of any allegation made by the person who has tendered the resignation. Secondly, when a specific statement or allegation has been made by the person tendering the resignation that there is threat, coercion or undue influence under which the resignation was submitted the Assistant Commissioner’s was duty bound to cause an enquiry there too. 9.5. The said letter having been submitted on 16.12.2024, the Assistant Commissioner - 11 - NC: 2025:KHC-D:359 WP No. 107865 of 2024 without causing any enquiry, in post-haste has accepted the resignation by an order passed on 16.12.2024 at 11:42 a.m. The said acceptance does not inspire any confidence. 9.6. The aspect of resignation from elected post is a serious issue, which ought to have been taken seriously by the Assistant Commissioner and necessary enquiry to be held as provided under the second proviso to Sub-section (1) of Section 48 of the Act, 1993, which has not been done. 9.7. In that view of the matter, I answer Point No.(ii) by holding that there is a duty cast and a requirement on the part of the Assistant Commissioner to enquire into the cause of resignation and satisfy that the resignation has not been submitted under the threat, coercion or undue influence and allurement before accepting the resignation irrespective of - 12 - NC: 2025:KHC-D:359 WP No. 107865 of 2024 whether such an allegation is made by the person tendering the resignation or not. 10. Answer to Point No (iii) What Order: 10.1. In view of my answers to Point No.(i) and (ii), I pass the following : ORDER (a) Writ petition is allowed. (b) The order dated 16.12.2024 passed by the 2nd respondent vide Annexure-D is hereby quashed. (c) The withdrawal of resignation letter dated 14.12.2024 submitted on 16.12.2024 is accepted. (d) In view of disposal of petition, pending I.A.No.1/2025 does not survive for consideration and same is also disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE CKK CT-MCK List No.: 1 Sl No.: 37