1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4036 of 2011 Shri Nitin Jagtap ...Petitioner Versus Municipal Corporation of the City of Pune & Ors. ...Respondents Mr. C.M.Kothari for Petitioner. Mr. R.M.Pethe for Respondent No.1 Mr.S.B.Shetge for the Respondent No.4 CORAM:- A.M.KHANWILKAR & R.Y.GANOO, JJ. DATED:- 23rd JUNE, 2011. P.C. 1. Heard Counsel for the petitioner and the Counsel for the State Election Commission, respondent no.4. It is not in dispute that the petitioner addressed letter to the Commissioner, Pune Municipal Corporation, dated 26th April, 2011 clearly intimating that he was resigning from the post of Corporator. The noting found on the said letter indicates that it was received in person by the Officer of the 2 Corporation, in Standing Committee Meeting at 1.45 p.m. By virtue of Section 7 of the Mumbai Provincial Municipal Corporation Act, 1949, upon giving such notice in writing, addressed to the Commissioner, the Office of the Corporator becomes vacant from the date of the notice. 2. The argument of the petitioner is two fold. In the first place, the letter is addressed to Mr. Mahesh (Anna) Zagade, who was not the Commissioner in Office, on 26th April, 2011. This argument clearly overlooks the fact that although the letter refers to the name of the then Municipal Commissioner, in fact it is addressed to the Commissioner, Pune Municipal Corporation. This is indisputable. Morever, the petitioner himself handed over the said letter to the Additional Commissioner in the Corporation Office when the Standing Committee Meeting was in progress. Thus understood, the hyper technical argument now canvassed to get over the notice of resignation given by the petitioner does not commend to us. 3. The second point canvassed before us is that the letter was not handed over to the Commissioner, personally. Even this contention 3 does not commend to us for more than one reason. For, even the petitioner proceeds on the assertion that the then Commissioner Mr. Mahesh Zagade was not in office at the relevant time. The fact remains that the communication has been handed over in the Office of the Corporation, directly to the Addl. Commissioner. Considering the language of Section 7 of the Act, once such notice in writing is given, the Office of the Corporator shall become vacant, as from the date of notice. Counsel for the petitioner has relied on the unreported decision in his own case, in Writ Petition No.1994 of 2004 decided on 4th February, 2005. In our opinion, this decision will be of no avail to the petitioner in the fact situation of the present case. In that case, the Court found as of fact that the language of the letter did not disclose the intention of the petitioner to tender resignation. Thus, the said decision is on the facts of that case. 4. The fact remains that the vacancy caused on account of resignation tendered by the petitioner was communicated to the State Election Commission, on 30th April, 2011, on the basis of which the State Election Commission has already notified the election programme on 31st May, 2011. The said election programme, now, cannot be 4 interdicted at the instance of the petitioner, in view of the Constitutional bar of jurisdiction, more so, on the issues now raised in the present petition. Hence, no interference in exercise of writ jurisdiction is warranted. Petition is dismissed. 5. At this stage, Counsel for the petitioner submits that before the letter was delivered by the petitioner, the then Commissioner was already sent on deputation and relieved from the post of Commissioner. The charge was given to Mr. Bund, Divisional Commissioner, who in turn had delegated the day to day work to the Addl. Commissioner Mr. Zurmure, to whom the letter was handed over by the petitioner. He further submits that the vacancy caused on account of resignation was declared by Deputy Commissioner on 30th April, 2004. These facts will make no difference to the conclusion which we have already reached. 6. For the reasons already stated above, petition is dismissed. (R.Y.GANOO, J.) (A.M.KHANWILKAR, J.)