B KRISHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been filed by the petitioner impugning the jurisdiction of the Central Government to retrospectively extend the term of the Cantonment Board Authority under Section 14 of The Cantonments Act, 1924 after expiry of the period for which the Board was constituted and the appointment of a civilian member under Section 14(1)(c) to the Cantonment Board, Secunderabad on the ground that the same is without consultation with the concerned Officer Commanding-in-Chief.

(2.) The undisputed facts giving rise to the present writ petition briefly stated are set out hereafter.

(3.) The Cantonments Act, 1924 (Hereafter referred to 'Act') governs the administration of a cantonment. The Cantonment Board is envisaged for several cantonments under Section 10 of the enactment. The relevant provision of the statute necessary for adjudication of the present case are set out hereafter: "14. Power to vary constitution of Boards in special circumstances- (1) Notwithstanding anything contained in Section 13, if the Central Government is satisfied- (a) That, by reason of military operations, it is necessary, or (b) that, for the administration of the cantonment., it is desirable, to vary the constitution of the Board in any cantonment, it is desirable, to vary the constitution of the Board in any cantonment under this section, the Central Government may, by notification in the Official Gazette, make a declaration to that effect. (2) Upon the making of a declaration under Sub-section (1), the Board in the cantonment shall consist of the following members, namely- (a) the Officer Commanding the station; (b) one military officer nominated by name by the Officer Commanding the station by order in writing; (c) one member, not being a person in the service of the Government, nominated by the Central Government in consultation with the Officer Commanding-in-chief, the Command (3) Every nomination of a member of a Board constituted under this section, and every vacancy in the membership thereof, shall be notified by the (Central Government) in the Official Gazette. (4) The term of office of a Board constituted by a declaration under Subsection (1) shall not ordinarily extend beyond one year: Provided that the Central Government may from time-to-time, by a like declaration, extend the term of office of such a Board by any person not exceeding one year at a time: Provided also that the Central Government shall forthwith direct that the term of office of such a Board shall cease if, in the opinion of the Centra! Government, the reasons stated in the declaration whereby such Board was constituted, or its term of office was extended, have ceased to exist. (5) When the term of office of a Board constituted under this section has expired or ceased, the Board shall be replaced by the former Board which, but for the declaration under Sub-section (1), would have continued to hold office or, if the term of office of such former Board has expired, by a Board constituted under Section 13. 15. Term of office of members.-(1) Save as otherwise provided in this section, the term of office of a member of a Board shall be (five years) and shall commence from the date of the notification of his election or nomination under Sub-section (7) of Section 13, or from the date on which the vacancy has occurred in which he is elected or nominated, whichever date is later: Provided that the Central Government may, when satisfied that it is necessary in order to avoid administrative difficulty, extend the term of office of all the elected members of a Board by such period, not exceeding one year, as it thinks fit: Provided further that a member whose term of office has been so extended, shall cease to hold office on the date of the notification of the election of his successor under Sub-section (7) of Section 13.