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.
