NEW DELHI: There is little chance of the Lok Sabha continuing with Justice Varma’s removal motion despite the inquiry committee finding the charges relating to discovery of unaccounted currency notes in his official residential premises proved.As per Article 217(1) of the Constitution, a judge ceases to hold office if he/she resigns by sending a resignation letter written “under his hand addressed to the President”. Justice Varma had on April 10 resigned as a judge of Allahabad High Court and had withdrawn from the inquiry proceedings, finding the writing on the wall.
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How does a resignation of a constitutional court judge take effect? This question was answered by a five-judge bench of the SC in the Gopal Chandra Misra case on Feb 15, 1978. It was unanimous that once the judge sends his resignation to the President, he/she is deemed to have ceased to be a judge.In that case, the judge had set a prospective date for his resignation taking effect and before the arrival of the appointed date, he had withdrawn his resignation. SC had by four to one majority ruled that since the resignation was prospective, the judge had every right to withdraw it prior to the appointed date.
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