Searching Case Laws & Precedent on Legal Query.....!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Scanned Judgements…!
Office Term from Entry Date - The primary rule across multiple sources indicates that the term of office for elected officials such as Presidents, Vice-Presidents, or Councillors begins from the date they enter upon their office, not from the date of their consent or election. For example, ["MUKUTDHARISHARMA VS STATE OF MADHYA PRADESH - Madhya Pradesh"] states, the President and the Vice-Presidents so elected shall hold office for a period of two years from the date on which they enter upon the offices, and similarly, ["RAMLAL BABULAL CHAURASIA VS COLLECTOR, SATNA - Madhya Pradesh"] mentions that they shall hold office for a period of two years from the date on which they enter upon the office. The key point is the commencement of the period is linked to the date of assuming office, not the date of consent or election.
Continuation Until Successors - Most references, including ["MUKUTDHARISHARMA VS STATE OF MADHYA PRADESH - Madhya Pradesh"], ["MUKUTDHARI SHARMA VS STATE OF MADHYA PRADESH - Madhya Pradesh"], and ["CHANDRAPPA VS TAHSILDAR, JAMKHANDI - Karnataka"], emphasize that incumbents continue in office until their successors formally enter upon their respective offices. For instance, ["MUKUTDHARISHARMA VS STATE OF MADHYA PRADESH - Madhya Pradesh"] notes, the President and the Vice-President shall continue in office until their successors enter upon their respective offices, and ["CHANDRAPPA VS TAHSILDAR, JAMKHANDI - Karnataka"] states, the term shall be continued from the date of entry into office not from the consent.
Fixed Terms and Extensions - Several sources specify fixed durations, such as two years (["MUKUTDHARISHARMA VS STATE OF MADHYA PRADESH - Madhya Pradesh"], ["MUKUTDHARI SHARMA VS STATE OF MADHYA PRADESH - Madhya Pradesh"], ["CHANDRAPPA VS TAHSILDAR, JAMKHANDI - Karnataka"]) or five years (["Arbind Prasad Sinha VS State of Bihar - Patna"], ["D. Ramamurthy VS Government of Andhra Pralesh - Andhra Pradesh"], ["SMT L PADMAVATHI Vs THE STATE OF KARNATAKA - Karnataka"]), with provisions for extensions by the relevant authority. For example, ["D. Ramamurthy VS Government of Andhra Pralesh - Andhra Pradesh"] states, shall hold office for a period of five years from the date of election, but also notes that the Government may, from time to time, by notification alter such date and fix another date within the period of one year. Similarly, ["Arbind Prasad Sinha VS State of Bihar - Patna"] states, shall hold office for a term of five years from the date on which they enter upon their office or until they attain the age of 65 years, with extensions possible.
Term Limitations and Special Cases - Some documents mention specific circumstances such as casual vacancies, where the officeholder holds only for the remainder of the term (["SMT L PADMAVATHI Vs THE STATE OF KARNATAKA - Karnataka"], ["CHANDRAPPA VS TAHSILDAR, JAMKHANDI - Karnataka"]). For example, ["SMT L PADMAVATHI Vs THE STATE OF KARNATAKA - Karnataka"] states, President or Vice-President in a casual vacancy to hold office for a remainder period. Additionally, provisions exist for officeholders to continue beyond their fixed term until successors are appointed or enter office (["Ghanshyam Chandra Mathur VS The State Of Rajasthan And Two Ors - Rajasthan"], ["Anand And Co VS Union Of India - Delhi"]).
Effect of Non-Response or Delay - Several references highlight that delays or non-responsiveness do not automatically terminate office, but the incumbents generally hold until successors are properly appointed or enter office (["CHANDRAPPA VS TAHSILDAR, JAMKHANDI - Karnataka"], ["Ghanshyam Chandra Mathur VS The State Of Rajasthan And Two Ors - Rajasthan"], ["ANAND AND CO vs UNION OF INDIA - Delhi"]_(COMM)-151_2021)).
Analysis and Conclusion:The consistent theme across these sources is that the period of office begins from the date the individual enters upon their office, not from the date of consent, election, or nomination. The incumbents hold office until their successors assume office, unless specific provisions for extension or casual vacancies apply. This aligns with constitutional principles and statutory provisions that emphasize the commencement of tenure from actual assumption of office rather than the moment of consent or election. Therefore, the statement in the query that from consent of state shall hold office for a period of two years from the date on which they enter upon their offices is supported by the general legal understanding that the effective period begins upon assumption of office, not from the date of consent.
In the world of public appointments, cooperative boards, and statutory roles, a common confusion arises: Does the term of office—say, two years—start from the date of state consent or from when the appointee actually enters upon their office? This question often trips up officials, board members, and administrators, especially when administrative delays stretch between approval and assuming duties. The phrasing in many statutes, like from consent of state shall hold office for a period of two years from the date on which they enter upon their offices, seems contradictory at first glance. But courts have consistently ruled that the period shall be continued from enter in office not from the consent—ensuring full effective tenure regardless of bureaucratic lags.
This blog dives into the legal principles, landmark judgments, and practical implications, drawing from key Indian case law. Note: This is general information based on precedents; consult a legal expert for your specific situation.
The cornerstone principle is straightforward: tenure commences when the appointee begins performing duties, not from prior consents, notifications, or appointments. This avoids absurd results like shortened terms due to delays. Courts emphasize language like from the date on which he enters upon his office, distinguishing it from mere approval stages.
For instance, in Public Service Commission roles:
Sub-Art. (2) sanctions the holding of office by a member for six years 'from the date on which he enters upon his office' which is signified by his entering on the duties thereof... the terminus a quo in (2) is from the date on which he enters upon his office which, in the case of a Chairman... begins when he starts functioning as Chairman. State of Mysore VS R. V. Bidap - 1973 0 Supreme(SC) 275
Similarly, for the Director of Enforcement:
a Director of Enforcement shall continue to hold office for a period of not less than two years from the date on which he assumes office. COMMON CAUSE (A REGISTERED SOCIETY VS UNION OF INDIA - 2021 6 Supreme 132
A non-obstante clause in Section 25 overrides conflicting rules (e.g., Fundamental Rule 56), confirming assumption of charge as the trigger. Even if consent precedes entry, tenure runs fully from the start of duties, preventing interregnums.
In cooperative boards, the rule mirrors this:
The Chairman or a member of the Board shall hold office for a term of two years from the date on which he enters upon his office and such term may be extended... until he attains the age of 60 years, whichever is earlier. Pancham Ram Yadav VS U. P. Co-operative Federation Ltd. - 2019 0 Supreme(All) 1660
State consent or appointment notifications enable eligibility but don't kick off the clock. Delays don't penalize the office-holder:
Article 316 (2) states that a member shall hold office for a term of six years which means that on the expiration of that period he ceases to hold office... Logically, therefore, Art. 319 means that a member on ceasing to hold office as a result of his six-year term expiring, shall be eligible for appointment as Chairman. State of Mysore VS R. V. Bidap - 1973 0 Supreme(SC) 275
Outgoing holders continue until successors enter upon their respective offices, as in municipal and cooperative contexts Hemant Narayan Rasne VS Commissioner and Administrator of Pune Municipal Corporation - 2022 0 Supreme(SC) 1100H. S. PRAKASH VS STATE OF KARNATAKA - 1988 0 Supreme(Kar) 38. Government directions limiting terms apply prospectively after entry, not retroactively from consent.
Supporting this, in the Andhra Pradesh Khadi and Village Industries Board case, Section 21 prevailed over term-reduction powers:
Section 21 of the Act, which provided for the continuance of the existing members until new members were appointed and entered upon their offices, prevailed over Section 5(2), which empowered the Gov.... S. Jairaj VS Government Of A. P. - 1982 Supreme(AP) 110
The court invalidated a reconstitution attempt, holding existing members continue until successors assume charge.
State-appointed cooperative roles explicitly tie two-year terms to entry upon office, extendable despite prior consent Pancham Ram Yadav VS U. P. Co-operative Federation Ltd. - 2019 0 Supreme(All) 1660. In library boards like City Grandhalaya Samstha:
In this order, every member shall hold office for a period of three years from the date on which he enters upon his office provided that a member shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office. C. Rama Devi VS Government Of A. P. - 1985 Supreme(AP) 117
Continuance until successor entry is standard.
Administrative Tribunals Act cases reinforce fixed terms from entry:
By virtue of this provision, they would hold the office as such for a term of five years from the date they enter upon such office. Shanker Raju VS Union of India - 2011 1 Supreme 113
Total tenure caps (e.g., 10 years) start from assumption, not appointment, with reappointments limited accordingly.
Municipal Presidents/Vice-Presidents hold terms from election or first meeting (entry proxy):
After every general election the Council shall elect the President and the Vice-Presidents at its first meeting held under subsection (2) of section 55 and the President and the Vice-Presidents so elected shall hold office for a period of two years from the date on which they enter upon their offices. Narayandas Dubey VS State of M. P. - 1983 Supreme(MP) 287
Vacancies in nominated committees allow government filling, but terms align with entry, not nomination dates Naraindas Dubey VS State of M. P. - 1983 Supreme(MP) 157. Elections to President posts fall outside certain constitutional bars, with writs maintainable if no election petition remedy exists Virendra Mahajan VS State of M. P. - 1995 Supreme(MP) 825.
While the rule is robust, caveats apply:- Post-superannuation consent: Appointments are invalid if tenure can't commence State of Mysore VS R. V. Bidap - 1973 0 Supreme(SC) 275COMMON CAUSE (A REGISTERED SOCIETY VS UNION OF INDIA - 2021 6 Supreme 132.- Extensions: Need public interest reasons, capped (e.g., FR 56) COMMON CAUSE (A REGISTERED SOCIETY VS UNION OF INDIA - 2021 6 Supreme 132.- Continuance: No gaps; incumbents hold until successors enter, but vacancies trigger processes without resetting from consent Hemant Narayan Rasne VS Commissioner and Administrator of Pune Municipal Corporation - 2022 0 Supreme(SC) 1100Har Saran Dass VS Executive Officer, Municipal Board, Hapur - 1962 0 Supreme(All) 279S. Jairaj VS Government Of A. P. - 1982 Supreme(AP) 110.
In Khadi Board amendments, pre-amendment Section 5 tied terms to appointment dates in some readings, but Section 21's entry-based continuance overrode reductions S. Jairaj VS Government Of A. P. - 1982 Supreme(AP) 110.
To safeguard your tenure:- Document entry date: Use first meeting minutes, charge assumption notifications, or official records.- Seek clarifications: Request appointing authority orders if consent delays loom.- Litigate if needed: File writs (quo warranto, mandamus) for tenure disputes or delayed elections Hemant Narayan Rasne VS Commissioner and Administrator of Pune Municipal Corporation - 2022 0 Supreme(SC) 1100.
Understanding this distinction protects effective office-holding and upholds statutory intent. For tailored advice, engage a lawyer familiar with your statute or board rules. Stay informed—timely assumption ensures full tenure!
References (select excerpts cited above):1. State of Mysore VS R. V. Bidap - 1973 0 Supreme(SC) 2752. COMMON CAUSE (A REGISTERED SOCIETY VS UNION OF INDIA - 2021 6 Supreme 1323. Pancham Ram Yadav VS U. P. Co-operative Federation Ltd. - 2019 0 Supreme(All) 16604. H. S. PRAKASH VS STATE OF KARNATAKA - 1988 0 Supreme(Kar) 385. Hemant Narayan Rasne VS Commissioner and Administrator of Pune Municipal Corporation - 2022 0 Supreme(SC) 11006. S. Jairaj VS Government Of A. P. - 1982 Supreme(AP) 1107. Shanker Raju VS Union of India - 2011 1 Supreme 1138. C. Rama Devi VS Government Of A. P. - 1985 Supreme(AP) 1179. Narayandas Dubey VS State of M. P. - 1983 Supreme(MP) 28710. Naraindas Dubey VS State of M. P. - 1983 Supreme(MP) 15711. Virendra Mahajan VS State of M. P. - 1995 Supreme(MP) 825
#OfficeTenure, #LegalTermStart, #IndianLawRulings
is extended under this Act to a term not exceeding in the aggregate five years the President and Vice-President holding offices immediately before the date with effect from which such term if extended shall continue to hold their respective offices until the date on which the term so extended expires ... hold his office for such term, not less than one year or not less than the r....
(2) of section 55 and the President and the Vice-Presidents so elected shall hold office for a period of two years from the date on which they enter upon the offices. ... (c)Provided that the President and the Vice-President shall continue in office until their successors enter upon their respective offices in accordance with ....
(2) of Section 55 and the President and the Vice-Presidents so elected shall hold office for a period of 2 years from the date on which they enter upon the offices. ... Provided that the President and the Vice-President shall continue in office until their successors enter upon their respective offices in accordance with the provisions of this ....
framed thereunder will hold office for a remainder period. ... President or Vice-President in a casual vacancy to hold office for a remainder period. ... Section 42(11) of the Act provides that the President and Vice-President shall hold office for a period of 30 months from the date of their election save as otherwise provided under the Act. ... [(11) Save as otherwise provided u....
According to section 8, the Chairman and the Vice-Chairman are to hold office as such for a 1erm of five years from the date on which they enter upon their office or until they attain the age of 65 years. ... 10. ... Section 5 provides the term of office and other service conditions of the Lokayukta and according to sub- section (1) of section 5 "a person appointed as the Lokayukta shall hold #HL_....
shall cease to hold office on the expiry of five years period. ... date being not later than one year from the date of which such term expires under this clause; so however that the term of office shall not in aggregate exceed six years; and the Government may, from time to time, by notification alter such date and fix another date instead, wit....
"after the amendment, the two sub-sections of Sec. 5 read as follows:-"5. (1) : a member of the Board shall hold office for a period of three years from the date of his appointment, but may resign his office earlier by giving notice in writing to the Government, and shall cease to be a member on the ... According to Sec. 5, prior to its amendment," A member of the Board shall hold office....
years at a time Ordinarily, no person shall be appointed a Public Prosecutor after he attains the age of 60 years or continued in that office after he attains that ago. ... The learned Counsel also invited the attention of the Court to Section 15 of the Manual wherein it has been laid down that a Public Prosecutor shall be appointed for a period of three years, including the period of his probation and may be reappointed for furthe....
shall elect the President and the Vice-Presidents at its first meeting held under Sub-section (2) of section 55 and the President and the Vice-Presidents so elected shall hold office for a period of two years from the date on which they eater upon the office. ... According to the petitioner, he has been validly elected President on 14-5-1973 and under the provisions of Section 43 (2) he became entitled to #HL_START....
Due to not responding by your office this office is unable to award the work to M/s Anand & Co. Moreover, this office is facing difficulty to operate & maintain other Electric & Civil services due to not awarding the tender. ... Mr Jetly's contention that the petitioner had not furnished two other MOUs/Letters of Consent apart from those from OTIS and Cummins, is seriously disputed by the petitioner. ... In terms of the NIT, the successful bidder was....
The proviso that is appended to the Section, provides some sort of restriction of ‘age bar’ in the case of Chairman, Vice-Chairman and Members. By virtue of this provision, they would hold the office as such for a term of five years from the date they enter upon such office. 23) Section 8 of the Act, prior to its amendment, provided for the term of office of Chairman, Vice Chairman and other Members of the Tribunal. However, they are eligible for re-appointment for another term of five years.
This has to be read in the light of provision in section 45 as it existed before 1994 requiring every such election to be notified in Gazette. Section 43 was amended to state that a President and Vice President elected shall hold office for a period of two and half years from the date on which he is elected to his office. Under sub-section (2) of section 43 of the Act as it existed before 1994, the President and the Vice President elected at the first meeting shall hold office for a period of two years from the date they enter their respective offices. Section 43 relating t....
In this order, every member shall hold office for a period of three years from the date on which he enters upon his office provided that a member shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office. 5. A member may, by writing under his hand addressed to the President, resign his office at any time. (4) When a Judge of a High Court, serving as the Chairman ceases to be such judge otherwise than as a result of retirement, he shall thereupon be deemed to have vacated his office as Chairman.
(2) (a) After every general election the Council shall elect the President and the Vice-Presidents at its first meeting held under subsection (2) of section 55 and the President and the Vice-Presidents so elected shall hold office for a period of two years from the date on which they enter upon their offices. Provided that no person shall be eligible for being elected as a President or Vice-President of a Council if he holds such or similar office in any other local authority. (c) The provisions of sub-sections (2) and (3) of section 55 shall so far as may be, apply to the ....
(b) On the expiry of the term of the office of the President and the Vice-President elected under clause (a), the Council shall an a meeting convened for the purpose witnin one month there of, election new President and Vice-Presidents who shall hold office for the unexpired term of the Council; (c) The provisions of sub-sections (2) and (3) of section 55 shall so far as may be, apply to the meeting under clause (b), as they apply to the first meeting of a Council: After every general election the Council shall elect the President and the Vice Presidents at its first meeting held u....
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