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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
N.V.SHRAVAN KUMAR
Ch. Rajeswar Rao – Appellant
Versus
State of Telangana – Respondent
| Table of Content |
|---|
| 1. writ petitions filed questioning procedural actions on extensions. (Para 1 , 2 , 4 , 5 , 6) |
| 2. details of agency structure and past extensions. (Para 7 , 8 , 9 , 10 , 11) |
| 3. arguments on legality of rescinding term extensions. (Para 12 , 13 , 14 , 20) |
| 4. contentions on eligibility for reappointment and term. (Para 15 , 17 , 21 , 22 , 23) |
| 5. legal defenses raised by respondents regarding term limits. (Para 24 , 25 , 26 , 39 , 41) |
| 6. court's acknowledgment of lack of election for the committee. (Para 35 , 36 , 37 , 49 , 50) |
| 7. final consideration of statutory limitations on terms. (Para 54 , 55 , 56 , 57 , 58) |
| 8. writ petitions dismissed; elections ordered within three months. (Para 64 , 65) |
ORDER :
W.P. No.35189 of 2023 has been filed seeking a writ of mandamus to declare the action of the respondent No.1 in issuing the order vide G.O.Rt. No.114 dated 21.12.2023 arbitrarily rescinding the order G.O. Rt. No.51 dated 24.05.2023, which has extended the term of petitioners for a further period of two years, before completion of the said extension and without issuing any prior notice as illegal, arbitrary, unfair and against Article 14, 21 of the Constitution of India, principl
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....
The doctrine of pleasure permits removal from office without adherence to principles of natural justice when the appointee does not hold a civil post.
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.
Nominated members can be removed by the government without notice, as their appointment is based on political considerations and the doctrine of pleasure.
The Governor's power to remove nominated Chairmen of Zilla Grandhalaya Samsthas under Section 11(3) of the Act is not absolute and is subject to the procedure prescribed under Section 18-A of the Act....
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.
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