Resignation of Elected Representatives of Panchayat Raj

RULES RELATING TO RESIGNATION OF SARPANCH, UPA-SARPANCH, AND MEMBER OF GRAM PANCHAYAT, PRESIDENT, VICE-PRESIDENT, OR MEMBER OR COOPTED MEMBER OF MANDAL PARISHAD AND CHAIRMAN, VICE-CHAIRMAN OR MEMBER OR COOPTED MEMBER OF ZILLA PARISHAD
(G.O.Ms. N0.217, P.R, R.D & Relief Dept (Mandals II) Dated 31-3-1995).

In exercise of the powers conferred by sub-section (1) of section 268 read with sub-section (1) of section 23 and sections 157 and 185 of the Andhra Pradesh Panchayat Raj Act, 1994 (Act No. 13 of 1994), the Governor of Andhra Pradesh hereby makes the following rules relating to resignation Of Sarpanch, Upa-Sarpanch, or member of Gram Panchayat; President, Vice-president and an elected member, or co-opted member of Mandal Parishad and Chairman, Vice-Chairman, and an elected member or co-opted member of Zilla Parishad.

RULES
PART-I

(1) Resignation of Members, Upa-Sarpanch or Sarpanch of Gram Panchayats:Any member or the Upa-Sarpanch may resign his office by giving a notice in writing:

1. in a case where the Gram Panchayat is within the jurisdiction of a Mandal Parishad to the Mandal Parishad Development Officer of that Mandal Parishad, and
2. in other case. to the Divisional Panchayat Officer having jurisdiction over the Grampanchayats.

Except in a case where the person resigning delivers the notice of resignation personally to the Mandal Parishad Development Officer, or to the Divisional Panchayat, as the case may be, said officer shall, on receipt of such notice, obtain confirmation from the person concerned as to its genuineness. The resignation delivered personally or confirmed as aforesaid shall take effect on and from the date on which the notice, was received by the said officer.

(2) The Sarpanch may resign his office by giving a notice in writing to Grampanchayat. such resignation shall take affect from the date on which it is placed before a meeting of the Gram Panchayat:

Provided that if, in the opinion of the Sarpanch a meeting of the Cram Panchayat cannot be convened immediately for the purpose, he may resign his office by giving such notice to the District Panchayat Officer, and on receipt thereof the District Panchayat Officer shall, except where it is delivered to him by the Sarpanch personally obtain its confirmation from the Sarpanch as to its genuineness. A resignation delivered personally or confirmed as aforesaid shall take effect on and from the date on which the notice, was received by the District Panchayat Officer.

PART – II

Resignation of President, Vice President, an elected Member or cc-opted Member of Mandal Parishad: The President, Vice-President or a member or co-opted Member specified in sub-section (1) of section 149 may resign his office as such President, Vice-President or elected member or co-opted Member of Mandal Parishad by giving notice in writing to the Chief Executive Officer, Zilla Parishad. Except in a case where the person resigning delivers the notice of resignation personally to the Chief Executive Officer, Zilla Parishad, Chief Executive Officer shall on receipt of a notice of resignation, obtain confirmation from the person concerned so to its genuineness. A resignation delivered personally or confirmed as aforesaid shall take effect on and from the date on which the notice was received.

PART-III

Resignation of Chairman, Vice-chairman, - an elected Member or Co-opted Member : The Chairman, Vice-chairman, an elected member or co-opted member specified in sub-section (3) of section may resign his office as such Chairman, Vice-chairman or elected member by giving notice in writing to the District Collector. Except in a case where the person resigning delivers the notice of resignation personally to the District Collector, the District Collector shall, on receipt of a notice of resignation, obtain confirmation from the person concerned as to its genuineness. A resignation delivered personally or confirmed as aforesaid shall take effect on and from the date on which the notice was received.

Executive Instructions

Govt. Memo. No. 2113/Pts. 111/71.2, dated 16-9-71:-Section 23 (2) has automatic force of validity, subject to confirmation for purposes of genuineness. The genuineness once confirmed, the Sarpanch can not legally withdraw his resignation

Govt. Memo. No. 2637/Pts. 111/71-1, dated 13-10-71 :- The resignation tendered by a Sarpanch to the District Panchayat Officer takes effect from the date of its receipt by the latter, though he obtains confirmation regarding its genuiness at a later date. Thus, there is no scope to withdraw a bonafide resignation sent to the District Panchayat Officer either personally or otherwise. But the position in regard to the resignation sent to the Gram Panchayat is different, because it takes effect from the date on which it is placed before the Gram Panchayat. The Sarpanch, if he so chooses, can withdraw his resignation before it is placed before the Gram Panchayat.

Govt. Memo. No. 852/Pts. 11/75, dated 12-5-75 : There is no provision in the A.P.G.P. Act, 1964 or the Rules issued thereunder enabling the Government to set aside the election at which a person in respect of whom a notification was issued under section 23 (3) (a) is elected, except by way of an election petition filed under Rule 51 (1) of the Election Rules within the time prescribed.

Case Law: A Sarpanch has to submit his resignation to the specified authority and not to the District Collector, 1989 (3) AIT 46 (NRC).