ANCHALA VENKATA VANI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The Government of Andhra Pradesh issued G.O.Ms.No.35, dtd. 12/7/2016, appointing six members to the Andhra Pradesh Women's Commission constituted under the Andhra Pradesh Women's Commission Act, 1998 (for short, 'the Act'). This G.O., in terms of Sec. 6 of the Act stated that the term of the members would be for a period of five years from the date on which the members assume office. Earlier, the Government had appointed a chairperson to the Commission by G.O.Ms.No.4, dtd. 27/1/2016, giving her a term of five years from the date on which she assumes offices. The Chairperson is said to have assumed office on 9/2/2016. As Smt. T.Anuradha, one of the members appointed under G.O.Ms.No.35, dtd. 12/7/2016, did not assume office, the petitioner herein was appointed in her place by the Government by way of G.O.Ms.No.25, dtd. 24/9/2018. This G.O. contained a stipulation that her term would be for a period of five years from the date of assumption of charge by the Chairperson.

(2.) On 10/2/2021, the Government issued memo No.WDC01/473240/Prog.II/A2/2018, informing the petitioner that she demits office on 10/2/2021 as the Chairperson of the Commission has assumed charge on 9/2/2016 and her term of office was ending on 10/2/2021. Aggrieved by the said memo, the petitioner had approached this Court by way of the present writ petition. Subsequently, the petitioner also amended her prayer to challenge Clause 4 of G.O.Ms.No.25, dtd. 24/9/2018.

(3.) The case of the petitioner is that the initial term of office set out in G.O.Ms.No. 35, dtd. 12/7/2016, was for a period of five years from assumption of office; the petitioner was appointed subsequently, on account of Smt. T.Anuradha not taking up the assignment and as such the petitioner would be entitled to complete the said term available to Smt. T.Anuradha, which at the very least would have been 12/7/2021 on the basis of Sec. 6(3) of the Act which stipulates that any person, who is appointed to fill up such a vacancy holds office for the remaining term of the person in whose place such person is appointed; this provision cannot be restricted by way of a G.O., or an executive instruction.