Blog

The respondents have not pointed out any specific provision contained in the Act or the by-laws of respondent no.1 society as to the manner in which such a member can resign from the post of director. In the absence of which, there was no need of the acceptance of the resignation, and even if the letter of resignation is so worded as to make a request of its being accepted that would not in any way affect the operation of the resignation when tendered. Such an observation was made by the Hon’ble Bombay High Court before Hon’ble Justice MANGESH S. PATIL in the matter of Kashinath s/o Kundlik Dongare vs Ahmednagar Zilla Maratha Seva & ors [WRIT PETITION NO. 10757 OF 2021 ] on 30.11.2021

The facts of the case were that the petitioner was disqualified from continuing as a Director of respondent no.1 Credit Cooperative Society on the ground that he was already the chairman of another credit corporate society by the District Deputy Registrar of Cooperative Societies which was later quashed and set aside by the Divisional Joint Registrar, Co-operative Societies, Nashik but the same was upheld by the Hon’ble Minister for State, Co-operation Department. Aggrieved by such a decision of the Hon’ble Minister for State, Co-operation Department, the instant writ petition is preferred by the petitioner.

The Hon’ble High Court referred to the case of (Moti Ram V. Param Dev), AIR 1993 SC 1662 in which it was held by the Hon’ble Supreme court that “ if the act of relinquishment is of a unilateral character, it comes into effect when such act indicating an intention to relinquish office is communicated to the Competent Authority. The authority to whom the act of relinquishment is communicated is not required to take any action and the relinquishment takes effect from the date of such communication where the resignation is intended to operate in praesenti” 

Additionally, the Hon’ble High Court observed that there is no other provision laying down the procedure to be followed for tender and acceptance of resignation, the petitioner having tendered his resignation on 6/8/2019, even before the order was passed by the D.D.R., there was no occasion or reason to reach to a conclusion that he had incurred the disqualification under the aforementioned provisions. 

Finally, the Hon’ble High Court allowed the writ petition and quashed that decision of the Hon’ble Minister for State, Co-operation Department.

Click Here To Read The Judgment

Judgment Reviewed by: Rohan Kumar Thakur