R.S.PATHAK
Municipal Committee, Rampur – Appellant
Versus
Union of India – Respondent
ORDER:- The petitioner is a Municipal Committee constituted under S.10 of the Himachal Pradesh Municipal Act.1968, Sri Pyare Lal is the President. The fourth respondent, Shri Durga Sinah Thakur is one of the members of the Committee. By a letter dated December 29, 1969, addressed to the Deputy Commissioner. Mahasu District, Kasumpti the fourth respondent submitted his resignation from the membership of the committee. The ground for his resignation was the decision of the Government turning down the vote of no confidence in the President. He stated that in case the Government was prepared to review its decision, he would withdraw his resignation. However, on March 17, 1970, even without any response from the Government the fourth respondent wrote to the Deputy Commissioner withdrawing his resignation. The Committee, on coming to know of that communication, wrote to the Deputy Commissioner that the notice of withdrawal was barred by time inasmuch as it had not been submitted within 15 days of the receipt of the application intimating the desire to resign office, and that the resignation should be deemed to have been accepted by the Government and. therefore, a fresh election
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