Back
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
TARLADA RAJASEKHAR RAO, J.
Chilkapati Rajeev, and Others – Appellants
Versus
The State Of Andhra Pradesh and Others – Respondents
Writ Petition No.14987 of 2024
Decided on : 24-07-2024
Mandamus - Writ Petition - Article 226 - The court discussed the principles of natural justice and the doctrine of pleasure regarding the removal of nominated members, concluding that the State has the authority to terminate such appointments without a hearing.
Fact of the Case:
The petitioners challenged the proceedings of the government seeking resignations from their nominated positions in a society, arguing that the actions were arbitrary and violated natural justice principles after elections were conducted.
Finding of the Court:
The court found that the government had the authority to seek resignations from nominated members based on the doctrine of pleasure, and that principles of natural justice did not apply in this context.
Issues: Whether the proceedings issued by the government to seek resignations from the petitioners were valid and lawful.
Ratio Decidendi: The court held that nominated members serve at the pleasure of the government and can be removed without notice or adherence to natural justice principles.
Result: The Writ Petition was dismissed with costs.
ORDER :
This Writ Petition is filed under Article 226 of the Constitution of India for the following relief:-
2. It is the case of the petitioners that they were nominated as members of the 6th respondent-society along with others by the 5th respondent-District Collector on 21.12.2023, vide Ex.P4. Thereafter, the Joint Director of Animal Husbandry passed an order dated 27.12.2023 appointing an Election Officer for conducting elections to the Executive Committee of the 6th respondent, i.e., the District Live Stock Development Association, Gannavaram, and the 6th respondent issued notification dated 28.12.2023 for conducting election to the Executive Committee fixing the date of election on 04.01.2024.
3. While so, one K.Nagendra Kumar, who was Ex-Chairman of the 6th respondent filed Writ Petition No.4 of 2024 challenging the proceedings of the Joint Director, Animal Husbandry dated 27.12.2023 appointing an Election Officer and this Court, vide interim order dated 03.01.2024, has directed the respondents to proceed with the election, but, however, declaration of the result shall be subject to the result of the Writ Petition. The Executive Committee of the 6th respondent has elected the 1st petitioner as President and in view of the direction issued by this Court in W.P.No.4 of 2024, the authorities have not declared the result.
4. Meanwhile, in view of the change of the Government, the 1st respondent through proceedings dated 07.06.2024 in UO Note No.2460863/Poll.A/A2/2024-1, instructed all the Special Chief Secretaries/Principal Secretaries/Secretaries to Government to take immediate action to obtain and accept resignations of the appointments made to nominated posts, viz., Chairpersons, Directors, Members, etc., to the Corporations, Boards, Academies and other Autonomous Organizations under their administrative control and report compliance to the said Department. The said proceedings are issued by the 1st respondent dated 07.06.2024. The 3rd respondent issued consequential order dated 13.06.2024 in Memo Roc.No.0345/Establishment-C dated 13.06.2024, directing the 2nd respondent and others to take immediate action to obtain and accept the resignation of the appointments made to nominated posts. The 4th respondent issued notice dated 14.06.2024 and the 5th respondent issued notice on 25.06.2024/01.07.2024 and the 6th respondent notice dated 02.07.2024 for compliance of the said orders of the 1st and 3rd respondents stated above. Basing upon the notices issued by the respondent Nos.1 and 3 to 5, the 6th respondent is putting pressure on the petitioners to voluntarily submit their resignations and threatening with dire consequences, if resignations are not submitted as insisted.
5. The said UO Note No.2460863/Poll.A/A2/2024-1, dated 07.06.2024 and the consequential notices are assailed in this Writ Petition on the ground that the action of the respondents is in violation of principles of natural justice, illegal and arbitrary and without authority of law being contrary to the procedure established under the rules and regulations of the 6th respondent. It is further contended that once the election has been conducted, they cannot be treated as nominated members and the Election Officer was appointed on 27.11.2023 for cond
Nominated members can be removed by the government without notice, as their appointment is based on political considerations and the doctrine of pleasure.
The court emphasized the necessity of public interest and adherence to natural justice in appointing government nominees to cooperative societies under Section 80(2) of the Act.
The court upheld that the removal of appointed members is lawful under the doctrine of pleasure, affirming no violation of natural justice or constitutional rights as per the Societies Registration A....
A dispute arising among the members of a society registered under the A.P. Societies Registration Act, 2001, relating to the affairs of the society, is to be resolved through the mechanism provided u....
The doctrine of pleasure does not permit arbitrary or capricious exercise of power by the State, and such actions must comply with principles of fairness and Article 14 of the Constitution.
"Doctrine of Pleasure" has its genesis under common law - A public servant could be dismissed from service by Crown at its pleasure.
The doctrine of pleasure permits removal from office without notice or reason, provided it is not arbitrary, and does not apply to those not holding civil posts under the Constitution.
The doctrine of pleasure allows for removal from office without notice or reason, provided it is not arbitrary, and does not apply to those holding civil posts under the Constitution.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
