Case Note & Summary
The petitioner, Shri Nitin Dattatraya Jagtap, was elected as a Councillor of the Pune Municipal Corporation in February 2002. He published a pamphlet-cum-letter dated 5th January 2004 addressed to the Additional Commissioner of the Corporation, declaring his intention to resign by way of protest against a building permission granted on Survey No.123 of Kothrud, Pune. The letter stated that only 78 huts were erected on the plot whereas 210 persons were approved. The petitioner contended that he was taking steps for the benefit of citizens and for transparent administration. The respondents, including the Municipal Corporation and the State Election Commission, argued that the resignation was valid and effective. The court examined the provisions of Section 16(1)(b) of the Bombay Provincial Municipal Corporations Act, 1949, which allows a councillor to resign by a declaration in writing. The court held that the resignation by public declaration is valid and takes effect from the date of declaration. The court further held that the Election Commission has jurisdiction under Article 243-ZF of the Constitution of India to determine disqualification. The petition was dismissed, upholding the disqualification of the petitioner.
Headnote
A) Municipal Law - Resignation of Councillor - Section 16(1)(b) of the Bombay Provincial Municipal Corporations Act, 1949 - Validity of Resignation by Public Declaration - The petitioner, a councillor, published a pamphlet-cum-letter declaring his intention to resign by way of protest against a building permission. The court held that the resignation by public declaration is valid and takes effect from the date of declaration, and subsequent withdrawal is not permissible. (Paras 1-5) B) Constitutional Law - Disqualification of Councillor - Article 243-ZF of the Constitution of India - Jurisdiction of Election Commission - The Election Commission has the jurisdiction to determine disqualification of a councillor who has resigned. The court upheld the decision of the Election Commission disqualifying the petitioner. (Paras 6-8)
Issue of Consideration
Whether a resignation by a councillor by way of public declaration is valid and effective from the date of declaration, and whether such resignation can be withdrawn after it has taken effect.
Final Decision
The petition is dismissed. Rule discharged. No order as to costs.
Law Points
- Resignation by public declaration is valid under Section 16(1)(b) of the Bombay Provincial Municipal Corporations Act
- 1949
- Resignation takes effect from the date of declaration
- Withdrawal of resignation after it has taken effect is not permissible
- The Election Commission has jurisdiction to determine disqualification under Article 243-ZF of the Constitution of India
