( 1 ) THIS petition is filed by the petitioner who is the Chairman in the Gujarat Water Supply and Sewerage Board, Gandhinagar for an appropriate writ, direction or order for a declaration that the respondents have no jurisdiction to ask for resignation of the petitioner from the post of Chairman of the Board and permanently restraining them from shortening or curtailing his tenure before 3 years.

( 2 ) THE petitioner was appointed as the Chairman of the Gujarat Water Supply and Sewerage Board, (hereinafter referred to as the Board)under Sec. 4 (1) of the Gujarat Water Supply and Sewerage Board Act, 1978 (herein- after referred to as the Act) by the Government of Gujarat vide Government Notification dated 20/08/1990, the terms and conditions of which are laid down in government Notificaiton dated 10/09/1981. It is the case of the petitioner that he took over the charge of the office of the Chairman of the Board on 21/08/1990. According to the petitioner, he has been discharging his duties quite satisfactorily and there is no reason to disturb him. Under Sec. 6 (1), the term of the office of the Chairman is prescribed and it is of 3 years. However, proviso to the said section enacts that the term of the office of the Chairman may be determined even earlier by the State Government by Notification in the official Gazette. It is the contention of the petitioner that since his term of the appointment is for a period of 3 years, no action can be taken before the expiry of the said period of three years. It is further the case of the petitioner that by a letter dated 12/11/1990 the first respondent-Chief Minister requested him to submit his resignation from the post of Chairman, which is illegal, arbitrary and unconstitutional, without any authority of law and violative of Arts. 14 and 16 of the Constitution of India. Since his appointment is for a period of 3 years under the statute and since the appointment is statutory, he cannot be asked to resign by the first respondent on the ground of change in the political situation, which is contrary to law. The said action is arbitrary, capricious and without application of mind. It has been taken to achieve selfish motives by the first respondent and there is mala fide and colourable exercise of the power on the part of the authorities in asking the petitioner to resign and the said action requires to be quashed and set aside by this Court under art. 226 of the Constitution of India.

( 3 ) WHEN the petition was called out for hearing a notice was issued by this Court on 22/11/1990 and status quo was also granted. After the notices were served, the parties appeared and an affidavit-in-reply is filed by the first respondent. It is inter alia contended in the affidavit-in-reply by the first respondent that the appointment of the petitioner was made on the basis of political philosophy of the party in power. Every political party has its own philosophy, objective and method to secure maximum benefit to the citizens so that the said party again return to power by the electroate. Such political appointments to various Corporations, Boards, Institutions etc. are made to secure implementation of premises held out in the election manifesto of the political party. In the instant case also, the appointment of the petitioner was political one. After the general election of the Gujarat legislative Assembly, coalition Government of Janta Dal, b. J. P. and bharatiya Janta Party (hereinafter referred to as b. J. P. ) came to power in the State. Since it was a coalition ministry, certain appointments including that of the petitioner was made but in view of the fact that B. J. P. has adopted a hostile attitude towards Janta Dal Government in the State, members belonging to that party even separated from the Government. In these circumstances, as contended by the first respondent, that he had written a letter to the petitioner requesting him to resign and in the said letter itself it was s