LAXMI VERMA vs STATE OF MAHARASHTRA .

The Supreme Court interpreted Section 41(2) of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, clarifying that a resignation by a Councillor is only effective if it is delivered in person to the Collector and signed in their presence. The Court held that the resignation of Respondent No. 6 was validly accepted by the Collector, and the subsequent order restoring his status was set aside, affirming the legality of the election of the Appellant as Councillor. The Court emphasized the necessity of strict compliance with the statutory requirements for resignation under the Act.