The court emphasized that a resignation letter must be genuine and voluntary, and the receipt of a forged letter does not cause the member's seat to become vacant. The Hon'ble Speaker's refusal to administer oath was considered wrongful.

Headnote:
Art.226 - Legislative Assembly Membership - Art.190(3) - The court discussed the circumstances of the petitioner's alleged resignation letter, the administration of oath, and the refusal of a seat in the assembly. The court held that the letter of resignation was void, and the petitioner had not lost her seat in the assembly. The Hon'ble Speaker acted wrongly in not administering oath, and the petitioner is entitled to take a seat in the assembly and enjoy all the rights and privileges of a member.
Fact of the Case:

The petitioner was returned unopposed in a bye-election to the Legislative Assembly. A letter of resignation was handed over before she became a member. Despite her repudiation, the Hon'ble Speaker refused to administer oath, and a notification was issued stating that the petitioner had resigned her seat.
Finding of the Court:

The court found that the letter of resignation was void, and the petitioner had not lost her seat in the assembly. The Hon'ble Speaker acted wrongly in not administering oath, and the petitioner is entitled to take a seat in the assembly and enjoy all the rights and privileges of a member.
Issues: The issues revolved around the validity of the alleged resignation letter, the administration of oath, and the refusal of a seat in the assembly.
Ratio Decidendi: The court held that the letter of resignation must proceed from the member and relate to the membership held by the person. The letter in question was deemed void, and the Hon'ble Speaker's refusal to administer oath was considered wrongful.
Final Decision: The court ordered the administration of oath to the petitioner and allowed her to take a seat in the assembly, enjoying all the rights and privileges of a member. The petitioner was not allowed the costs of the petition, and the counter-petitioners were also directed to bear their costs.

Judgment :-

1. The petition is filed under Art.226 of the Constitution of India for directions, orders, or writ of prohibition or any other appropriate writ to the respondents in order that the petitioner may be allowed to continue her membership and retain her seat in the Legislative Assembly and also to direct the 1st respondent, the Honourable Speaker of the Legislative Assembly, Travancore-Cochin State to administer oath to her and to allow her to take her seat in the Assembly. The petitioner was returned unopposed in a bye-election held in August 1951 to the Travancore-Cochin Legislative Assembly with regard to 43, Ernakulam Women Constituency which fell vacant. Her election was duly notified in a Gazette Extra-ordinary dated 10.9.1951. The only other candidate who had filed the nomination paper for this seat was one Dr. Madhavi Amma. 26.8.1951 was the last date fixed for the withdrawal of the nomination paper. That was a period of unrest among the members in the assembly. The ministry had been reconstituted and none from the Cochin members had been included in the Cabinet of Ministers. Some of the members from the Cochin group had even tendered their resignation of their membership and protested against the exclusive formation of the ministry from among the members of the Travancore area. Negotiations for re¬approchment were pending at that time. So some prominent persons including some leaders of the seceding party approached the petitioner with a proposal that they would persuade the rival candidate to withdraw her candidature so as to enable the petitioner to be returned unopposed, if the petitioner would, if necessary, record her protest against the exclusion of the Cochin members from the ministry. One Sri. K.B. Mohamed, along with Sri. Pullayil Krishnankutty Menon induced the petitioner to sign a paper to the effect that she resigned her membership, though on that day she was not even a member. They had also expressly told her that the paper would not be used by them against the petitioner's wishes. The petitioner accepted their suggestion and advice and wrote out on a piece of paper to their dictation that she had resigned her membership in the Assembly. That was purported to be addressed to the Speaker, Legislative Assembly, Trivandrum. There was no date put on it, as it was not intended to be used. This note was prepared on 26.8.1951, the date fixed for the withdrawal of nominations submitted by her candidature. Subsequently, her rival candidate withdrew her candidature, so that eventually she was declared to have been returned unopposed. This letter was written even before she became a member. It was given only as earnest of giving a real letter of resignation if subsequent events and political situation called for it. It was also clearly understood that this paper would be returned to her and that she would write a proper letter of resignation with the date thereon in case that became necessary. This paper was handed over Sri. Pullayil Krishnankutty Menon who was helping her in her candidature, and in whom she had placed full confidence. When the political situation eased and some of the members from Cochin group were proposed to be included in the ministry, the petitioner demanded the return of that paper from Sri Pullayil Krishnankutty Menon. He first began to prevaricate, but later, said that he might despatch it. This aroused rank suspicion in her mind and she pointed out to him that it was clear breach of faith to withhold it. In order to prevent foul play and mischief the petitioner despatched an express telegram to the first respondent, the Hon'ble Speaker, on 4.9.1961. She also posted a letter the same day confirming the telegram. This telegram intimated the first counter-petitioner that an undated letter purporting to be her resignation of assembly membership was understood as being despatched, that she did not confirm the same, that if any such letter should happen to reach him, her present letter mi

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