IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 9^TH DAY OF JANUARY, 2025 R BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 107865 OF 2024 (LB-RES)

BETWEEN:

SHRI MALAGOUDA S/O. SHIVAGOUDA PATIL, AGE: 40 YEARS, OCC: AGRICULTURE AND VICE-PRESIDENT, GRAM PANCHAYAT, KOHALI, R/O. AT POST KOHALI, TAL: ATHANI, DIST: BELAGAVI-591304.

…PETITIONER (BY SRI. JAGADISH PATIL, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA REP. BY ITS UNDER SECRETARY, TO THE DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYAT RAJ (RDPR), VIDHAN SOUDHA, BENGALURU-560001.

2. THE ASSISTANT COMMISSIONER &

SUB DIVISIONAL OFFICER CHIKKODI, CHIKKODI SUB DIVISION, CHIKKODI, DIST: BELAGAVI-591201.

ASHPAK KASHIMSA 3. THE GRAM PANCHAYAT, MALAGALADINNI CHIKKODI, REP. BY ITS SECRETARY, D AS ig H it P a A ll K y s K ig A n S e H d I M by SA BELAGAVI-591201.

MALAGALADINNI L O o F c a K t A io R n N : A H T IG AK H A COURT …RESPONDENTS DHARWAD BENCH (BY SRI. V.S. KALASURMATH, AGA FOR R1-R2;

SRI. PRASHANT S. HOSAMANI, ADVOCATE FOR R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER BEARING NO.CHUNAWANE/2024-25/E-225813 DATED 16/12/2024 PASSED BY THE 2^ND RESPONDENT VIDE ANNEXURE-D, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)

1. The petitioner is before this Court seeking the following relief:

i. Issue Writ in nature of Certiorari quashing the Impugned order bearing no.Chunawane/2024- 25/e-225813 dated 16/12/2024 passed by the 2^nd respondent vide Annexure-D, in the interest of justice and equity.

ii. Issue any other appropriate Writ or Order or Direction which deems fit to grant by this Hon’ble Court under the facts and circumstances of the case.

2. The petitioner admittedly was the Vice-President of the Kohalli Grama Panchayat. The petitioner is stated to have submitted a resignation letter on 04.12.2024 to the 2^nd respondent-Assistant Commissioner. Thereafter, the petitioner under the letter dated 14.12.2024 submitted on 16.12.2024 sought to withdraw the resignation on the ground that the resignation letter had been submitted under threat and coercion from other Grama Panchayat members. Despite the said letter being submitted, the 2^nd respondent-Assistant Commissioner by way of his order dated 16.12.2024 passed at 11:42 a.m. has accepted the said resignation. It is challenging the same, the petitioner is before this Court.

3. Shri Jagadish Patil, learned counsel appearing for the petitioner submits that firstly the petitioner has 10 days time to withdraw the resignation in terms of Sub-section (3) of Section 48 of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 (for short, ‘the Act, 1993’) the resignation letter submitted on 04.12.2024, 10 days time to withdraw the resignation expired on 14.12.2024, 14.12.2024 being a second Saturday and 15.12.2024 being a Sunday. When the office of the 2^nd respondent was closed on account of public holiday, the withdrawal letter was submitted in the forenoon session of 16.12.2024, the public holidays would have to be taken into consideration for the purposes of calculation of the period of 10 days as prescribed under Sub-section (3) of section 48 of the Act, 1993.

4. Shri Prashant S. Hosamani, learned counsel appearing for respondent No.3 submits that the period of 10 days would have to be calculated from the date of receipt of the resignation letter by the Assistant Commissioner or by the Adhyaksha. The resignation letter having been submitted on 04.12.2024, the period of 10 days expired on 13.12.2024 and since no withdrawal having been made by 13.12.2024, the question of referring to and contending that 14^th and 15^th of December, 2024 were holidays would not arise. Since the withdrawal application was not made by 13.12.2024, the same automatically came into effect and the petitioner’s