A resignation letter, even if set to take effect on a future date, is valid and absolute. The withdrawal of a resignation nullifies the initial letter, rendering it non-existent in the eyes of the law.

1. The petitioner, Shri Kunjukrishnan Nadar, is a member of the Kerala State Legislative Assembly having been returned in February, 1960, from the Parassala Constituency.

2. On November 23,1963, be wrote to the Speaker,

"The Hon'ble Speaker, Legislative Assembly,

Kerala, Trivandrum. Sir,

As I wish to devote more time for meditation and religious purposes, I shall not be able to continue as a Member of the Legislative Assembly, Kerala. So, I request you to kindly accept this letter as my resignation as a member of this Assembly, to take effect from 1-12-1963.

Yours faithfully,

Sd. (M. Kunjukrishnan Nadar) 23-11-1963."

On November 26, 1963, the Speaker read the letter in the Assembly, announcing thereby the petitioner's resignation to take effect on December 1,1963.

On November 29,1963, the petitioner wrote to the Speaker,

sir,

In my letter dated 23-11-1963 I have expressed my intention to resign my membership of the Legislative Assembly from the 1st of December, 1963. After mature consideration, I feel that it will be proper not to resign at this juncture.

I therefore hereby withdraw my letter of resignation dated 23-11-1963. Yours faithfully,

Sd. (M. Kunjukrishnan Nadar)

29-11-1963"

This letter was received by the Speaker on November 30, 1963. It appears that it was not given heed to; for the Kerala Gazette dated 10th December, 1963, came with a Notification,

"No. 6654-LA1/63. Dated, Trivandrum, 5th December 1963.

Shri M. Kunjukrishnan Nadar, an elected member of the Kerala Legislative Assembly from the'Parassala Assembly Constituency has resigned his seat in the Kerala Legislative Assembly from the 1st December, 1963.

By Order

Legislature Secretariat, D. Tirumalai,

Trivandrum. Secretary, Legislative Assembly". According to the petitioner his letter of November 23, 1963,

"evidences only an expression of an idea that I may resign on 1st December, 1963 and is not a valid resignation in writing as provided by Art.190 of the Constitution. That idea was changed before it was given effect to and the intimation of this change was communicated by the letter dated November 29,1963".

and therefore the Notification published in the Gazette "is illegal and void and of no effect". He prays in this petition under Art.226 of the Constitution

"to declare the same (the Gazette Notification) to be null and void and of no effect and to quash the same and to declare that the petitioner still continues to be a member of the Kerala Legislative Assembly".

3. A counter-affidavit filed by the Assistant Secretary, Legislature Secretariat, Trivandrum, on behalf of the Speaker, states:

"Article 190(3) uses the significant words 'his seat shall thereupon become vacant'. On the language of the Article it is doubtful if communication of intention to resign to the Speaker or the acceptance of the letter of resignation by him is required. Assuming, however, that these are necessary, I submit that on the facts of this case, there has been a communication to the Speaker and also acceptance of the resignation by him. The Speaker accepted the letter of resignation as evidenced by his initials on the letter dated 23-11-1963 and as evidenced further by his reading out the said letter announcing the resignation of the petitioner in the Assembly on 26-11-1963. On these facts I submit that the petitioner's resignation has taken effect and the same cannot be recalled by the petitioner."

He has also produced two letters that the petitioner has addressed to the Speaker on the subject. They read:

"Kanjiramkulam, 5 Dec. 1963.

To

The Hon'ble Speaker,

Legislative Assembly, Kerala State, Trivandrum. Sir,

I beg to invite your kind attention to my letter of resignation from the State Legislature dated 23-11-63, to take effect from 1-12-63.

Later, at the insistent pressure of friends and others interested in me, I wrote to you requesting withdrawal of my letter of resignation, on 30-11-63.

On a reconsideration of the whole matter, I am of the view that the letter of resignation may stand and that