LAWS(KER)-1981-3-11

A S THOMAS Vs. STATE OF KERALA

Decided On March 02, 1981
A.S.THOMAS Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The Kerala State Rural Development Board (the 'Board") was established under the Kerala State Rural Development Act. 1971 (Act 15 of 1971). S.4 of the Act provides for the constitution of the Board. It reads:

(2.) A Board was constituted by the Government for a period of three years under Ext P1 Notification dated 28 11 1979. The petitioner was one of the members nominated to that Board. However, by Ext. P7 notification dated 29-11-1980, the Board was reconstituted by the Government. The petitioner does not find a place on the reconstituted Board. The petitioner prays for a writ of mandamus directing the respondents to retain the petitioner on the Board until the expiry of the period specified under Ext. P1 and for a writ of certiorari to quash Ext. P7.

(3.) It is contended on behalf of the petitioner that Ext. P7 is invalid insofar as the petitioner is sought to be removed from the Board before the expiry of the term specified under Ext P1. That term would expire only on 31st October 1982. It is stated that, when the Board is constituted for a definite period, it is not open to the Government to prematurely dissolve it by reconstituting it. In any view, it is contended, reconstitution without a show cause notice is violative of the rights vested in the Chairman and members of the Board.