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Synopsis

A Division Bench of Justice Nitin Jamdar and Justice Sharmila Deshmukh of the Bombay High Court, on Thursday, directed BMC to accept Rutuja Latke's resignation, so that she can file her nominations for the by-elections. 

The counsel representing Rutuja Latke argued before the court that she holds a clerical post and submitted her resignation to contest in the by-elections. He argued that as per Mumbai Municipal Resignation Rules if one month's notice is not given then a sum of one month's remuneration should be deposited with BMC and that she has already deposited one month's salary in lieu of waiving the notice period 

Further, the Counsel also argued that she holds a clerical post, and that the matter would not even have gone to the commissioner in normal circumstances. 

During the hearing the bench questioned the counsel for BMC: 

"What is the difficulty in accepting her resignation? Why are you not exercising your discretion?"

The Counsel for BMC responded that the notice itself is defective and that the one-month waiver of the notice period cannot be claimed as a matter of right. Further submitted before the court that once the resignation is accepted only the the question of depositing the money would arise. 

The bench told the Counsel that before adjourning in the afternoon: 

"This is an employer-employee dispute and the matter should not have come before us" 

The counsel for BMC during the hearing informed the court that a complaint of corruption was pending with BMC against Rutuja Latke, and that as per law the resignation is to be decided in one month. The question of one month's pay will only arise after accepting the resignation. 

The court while directing the BMC to accept her resignation noted that - 
"Prayer will be allowed, issue a letter of acceptance of her resignation. According to us use of discretion should be for bona fide purposes. The non-use of discretion is arbitrary in this case. We direct the municipal commissioner to accept the letter of acceptance or the appropriate letter by 11 AM tomorrow"

Rutuja Latke moved the High Court after her resignation was not accepted by the BMC for her to contest the bye-election. As per the rules of the Election Commission, Latke was not allowed to hold an office of profit and file the nomination while being an employee of the BMC. The bye-elections are being conducted since Latke's husband passed away. Rutuja Latke will file her nominations for bye-elections and contest for Uddhav Balasaheb Thackeray's party (Shiv Sena) 

Case title: Rutuja Ramesh Latke vs. Municipal Corporation of Greater Mumbai & Ors.