Petitioner in W.P.No.24368/2018 has filed an application - I.A.No.1/2018 to produce additional document namely, order dated 02.11.2016 appointing the petitioner as Chairman of Karnataka Safai Karmachari Commission. Accepting the reasons stated in the affidavit supporting the application, said document is received on record as Annexure-F. I.A.No.1/2018 is hereby allowed.

2. Petitioners who had been appointed as Chairman of Karnataka State Commission for Scheduled Caste and Scheduled Tribes, Safai Karmachari Commission, Nijasharana Ambigara Chowdaiah Development Limited and Dr.Babu Jagajeevan Rao Leather Industries Development Corporation under the Acts/Memorandum and Articles of Association by orders dated 02.11.2016 and 03.02.2018 have preferred these writ petitions assailing the order dated 28.05.2018/30.05.2018 passed by the appropriate Government whereunder their appointments/nomination as Chairman have been cancelled.

BRIEF BACKGROUND :

3. In W.P.No.24365/2018 and W.P.24368/2018, respective petitioners were nominated as Chairman of the Karnataka State Commission for Scheduled Caste and Scheduled Tribes and Safai Karmachari Commission respectively by notification dated 02.11.2016. Their nominations were made by the appropriate Government by virtue of the power vested under the Karnataka State Commission for Scheduled Caste and Scheduled Tribes Act and Karnataka State Safai Karmachari’s Act, 2013. Their nominations have been cancelled by the impugned order dated 28.05.2018 – Annexure-D and Annexure-F respectively in general and notification dated 30.05.2018/29.05.2018 – Annexures-E & G respectively issued thereunder.

4. Likewise, the petitioners in W.P.No.25844/2018 & W.P.No.25900/2018 who had been appointed as the Chairman of the Nigama and Development Corporation referred to herein above by order dated 03.02.2018 and 02.11.2016 respectively have been removed or in other words, their nominations have been cancelled by notification dated 30.05.2018 and 29.05.2018 – Annexure-C and Annexure-D respectively. Their appointments were made by virtue of power vested to the Government under Memorandum and Articles of Association governing the said Nigam/Corporation which are registered as a company under the Companies Act, 1956.

5. Hence, these writ petitioners are assailing or questioning their removal contending interalia that their nomination/appointment is for a fixed period and the appropriate Government has no power to remove them before they could complete the term of office for which they were appointed.

6. I have heard the arguments of Sri V Lakshminarayana, Smt.Pramila Nesargi, learned Senior Counsel appearing on behalf of Sri L Srinivas Babu and Smt.Kavyashri G.S., Sri Praveen Raikote, learned Advocate appearing for petitioners and Sri Udaya Holla, learned Advocate General appearing on behalf of respondent-State.

7. It is the contention of Sri V Lakshminarayana, learned Senior Counsel appearing for petitioners that under the orders of appointment, eight persons had been nominated to different Nigams/Corporations, etc. and by impugned orders, only four persons have been removed and as such, it is discriminatory. He would elaborate his submission by contending that the petitioners were appointed and not nominated and as such, Section 4 of the respective enactments by exercise of the power under which the petitioners have been removed would not be applicable. He would also elaborate his submission by contending that impugned orders are violative of principles of natural justice since no notice was issued prior to their removal and even otherwise, the contingencies provided under Section 4(3)(a) to (e) of the Act is not attracted and as such, the order of removal is without jurisdiction. He would also submit that the decision for removal can be taken only by the Government consisting of council of Ministers and there being no Council of Ministers, the decision to remove the petitioners is bad in law. He would also contend tha