AC must make proper enquiry before accepting resignation of GP prez or vice-president: Karnataka High Court

Bengaluru: The assistant commissioner (AC) shall make a proper enquiry before accepting the resignation submitted by the president or vice-president of a gram panchayat, according to the Dharwad bench of the High Court of Karnataka. 

Justice Suraj Govindaraj noted this while setting aside the order passed by assistant commissioner, Athani, Belagavi district, accepting the resignation of Malagouda, the vice president of Kohali village panchayat. 

On December 4, 2024, Malagouda had submitted his resignation letter to the assistant commissioner, stating that other members had threatened him. On December 16, 2024, he submitted another letter dated December 14, 2024, to the assistant commissioner, stating that he was withdrawing his resignation. The assistant commissioner passed an order, stating that he had accepted the resignation letter dated December 4, 2024. 

It was argued on behalf of Malagouda that in terms of Section 48(3) of the Karnataka Gram Swaraj and Panchayat Raj Act, he has 10 days to withdraw the resignation. He claimed that since December 14 was a second Saturday and December 15 being Sunday, he submitted the withdrawal letter on December 16, the next working day. 

On the other hand, the government advocate submitted that the 10-day period had to be calculated from the date of receipt of resignation letter and in this case it expired on December 13 itself. 

Justice Govindaraj said that the 10-day time would have to be calculated from the next date after the date of submission of the resignation letter. 

The court further stated that under Section 48, there is a duty cast and a requirement on the part of the assistant commissioner to inquire into the cause of resignation. The assistant commissioner has to enquire that the resignation has not been submitted under the threat, coercion  or undue influence and allurement before accepting the resignation irrespective of whether such an allegation is made by the person tendering the resignation or not. 

“The said letter having been submitted on December 16, 2024, the assistant commissioner, without causing any enquiry, in post-haste has accepted the resignation by an order passed on December 16, 2024, at 11.42 am. The said acceptance does not inspire any confidence. 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,” the court said.