Thread by @lawbarandbench

Bombay High Court is hearing the plea filed by Rutuja Latke seeking directions to BMC to accept her resignation so that she can contest Maharashtra byelections.

#BombayHighCourt @mybmc #AndheriEastBypoll

Sr Adv Vishwajeet Sawant for Latke stated that BMC had an idea that Latke wanted to resign on Sept 2, 2022. On Sept 29, she was informed that she cannot resign. On October 3, the Election Commission of India declared elections. Same day she formally resigned.

Sawant: Last date for filing nomination is October 14.
Just because of my contesting elections some political view is taken of it.
If there is voluntary resignation, there is nothing pending against me, you have accepted but not given formal acceptance of the same.

Jamdar J: As your employee if she wants to resign.. If an employee wants to contest election, what is the problem?

Sr Adv Anil Sakhare for BMC: The resignation is itself defective.

Court: Show us.

#BombayHighCourt #AndheriEastBypoll

Sakhare: The employee has to give an intention to resign a month before actually resigning. It is not just a month after notice. It cannot be a matter of right that a employee wants to resign, he gets to resign.

#BombayHighCourt

Sakhare: The difficulty is that we have not taken decision on her resignation.
Deemed acceptance because money is paid is no ground.

Court: Clerk wants to resign, why are you not exercising the discretion.

#BombayHighCourt

Court: When will you exercise discretion? Just tell us if you will exercise discretion or not. You can exercise discretion and 1 month notice. Last date is tomorrow.

#BombayHighCourt #AndheriEastBypoll

Sakhare: Decision cannot be taken within 7-8 days. She knew elections are coming. Once resignation is accepted then notice period comes. And then the question of waive off or not.

#BombayHighCourt #AndheriEastBypoll

Court: We will take this up at 2.30 pm. You please tell us if you will accept the resignation or not. This is mot a matter that should have anyway come to court.

Sakhare: There is a complaint pending against her which is to be looked into. We will look into this before the expiry of the date as per the Rules. Through advocate complaint is given.

#AndheriEastBypoll #BombayHighCourt