The Bombay High Court has delivered a split verdict on whether the Central Government can replace a nominated civilian member of a Cantonment Board before the expiry of their tenure. The matter will now be placed before the Chief Justice for appropriate orders.
The petition was filed by Pritam Dinkar Adhav, a Nashik-based businesswoman, challenging a March 6, 2025, notification issued by the Defence Ministry substituting her with Sachin Suresh Thakre, a businessman, as a nominated member of the Deolali Cantonment Board. Ms. Adhav contended that her tenure was fixed until February 10, 2026, under an earlier notification and that the removal violated the Cantonments Act, 2006.
Senior advocate A. A. Kumbhakoni, for the petitioner, argued that the impugned notification was “ex facie illegal and without jurisdiction,” as the Act provides for removal only under Section 34, which mandates notice and adherence to principles of natural justice.
“The power to vary the constitution of the Board does not include the power to substitute a member mid-term. Unless a vacancy arises or removal is affected under Section 34, nomination of another person is impermissible,” he submitted.
He further contended that the doctrine of pleasure cannot be read into the Act, which prescribes a fixed tenure once notified. “The mere power to appoint does not include the power to substitute arbitrarily,” he said.
Additional Solicitor General Anil Singh, representing the Union of India and Defence Estates authorities, countered that the Central Government’s power to nominate under Section 13(3) includes the power to replace.
“The right to nominate is absolute and unfettered. The petitioner held office at the pleasure of the Government. Section 21 of the General Clauses Act permits amendment or rescission of notifications,” he argued.
Senior Advocate Rajiv Patil, for Mr. Thakre, supported the Centre’s stand, citing Supreme Court rulings on the doctrine of pleasure in relation to nominated posts.
Justice Revati Mohite Dere quashed the notification, terming the substitution “arbitrary, illegal and contrary to Sections 13(1) and 34 of the Cantonments Act.” She observed, “The act of substitution operates as removal, for it terminates an existing tenure before its natural expiry. The law attaches importance to the effect of an act rather than its form — substantia non verba spectanda.”
Holding that the doctrine of pleasure cannot be implied, she said, “There is nothing in Section 13(3) which makes the tenure of such a nominee ‘at pleasure’ of the Government. The doctrine of pleasure is conspicuously absent from the statute and cannot be read into it.”
Justice Dere restored Ms. Adhav to her post for the remainder of her tenure, noting that “removal of any member, whether elected or nominated, must strictly conform to Section 34.” She also rejected reliance on Sections 16 and 21 of the General Clauses Act, stating that they cannot override the specific removal procedure in the parent statute.
In contrast, Justice Neela Gokhale upheld the Defence Ministry’s action, ruling that the statute does not prescribe a minimum tenure for nominated members of a varied Board. She held, “Nomination stands on a different footing than election. It is the pleasure of the nominating authority, and no right accrues to the nominee to hold office for a particular period.”
Justice Gokhale added, “Once the Central Government has the authority to nominate, the power to amend, vary or rescind such nomination follows. Section 34 applies only when removal is for cause; substitution without stigma does not attract its safeguards.”
She relied on Section 21 of the General Clauses Act and cited Supreme Court precedents to conclude that principles of natural justice do not apply when a nomination is withdrawn at the Government’s discretion.
The judgment records correspondence from the Chief Minister of Maharashtra recommending Mr. Thakre to the Defence Ministry. Justice Gokhale noted that while such suggestions may factor into consideration, the decision rests solely with the Centre in consultation with the General Officer Commanding-in-Chief.
Published – December 02, 2025 08:47 am IST
