VIJAYAWADA: In a significant ruling, the Andhra Pradesh High Court has struck down the State government’s move to remove nominated members from their posts for political reasons before the expiry of their tenure.
A division bench comprising Chief Justice Dhiraj Singh Thakur, and Justice Ch Ravi, in a recent verdict, made it clear that the government lacks legal authority to issue orders for removal or resignation of nominated members without statutory provisions. It rejected the application of the ‘Doctrine of Pleasure’, which permits discretionary removal, emphasising that such power cannot be exercised without legal backing.
The case centres on the government’s action against nominated members of the District Livestock Development Associations (DLDAs) in Prakasam, West Godavari, Vizianagaram and Chittoor. The government issued a note on June 7, 2024, directing collectors to secure resignations from nominated chairpersons, directors and members of various corporations, educational institutions, and autonomous bodies, including DLDAs.
Collectors can only appoint, not remove, says HC
On June 13, 2024, the Animal Husbandry Department followed up with a memo instructing the Collectors to enforce the directive.
Consequently, the District Collectors initiated proceedings demanding that DLDA members resign, prompting legal challenge from the affected members.
The petitioners, representing the four districts, contested the State government’s note, the department’s memo, and the Collectors’ proceedings in the High Court.
Although the single judge initially dismissed their petitions, and upheld the government’s authority to remove nominated members at its discretion, the High Court division bench overturned it.
The High Court bench ruled that while Collectors have the authority to appoint nominated members, they lack the power to remove them before the end of their 5 year tenure unless explicitly permitted by law or bylaws.
Furthermore, the High Court bench deemed the orders of the Collectors invalid as they were not supported by legal provisions or the Doctrine of Pleasure.