Certain battles are rather fought at the hustings than in court halls: HC

‘Political appointee had to quit post as political ambience ceased to be conducive’

The Madurai Bench of the Madras High Court, referring to a catena of decisions that held that there can be no violation of any provision of the Constitution in cases of termination of appointment to a statutory body by nomination based on political considerations, dismissed the plea of a man who was removed from Madurai Local Planning Authority.

Justice G.R. Swaminathan observed that the petitioner appointed on political considerations was forced to leave as the political ambience ceased to be conducive and he should not complain now. Rather he should look for greener pastures.

“Certain battles are rather fought at the hustings than in court halls,” the judge said.

The judge took note of the submission made by the State that one who entered through the backdoor must also exit likewise.

The court was hearing a petition filed by R. Selvam who was removed from his post of honorary member of Madurai Local Planning Authority. He sought a direction to be permitted to continue in the post.

‘Tenure not specified’

The petitioner was appointed in 2013 and the government order issued in this regard did not specify his tenure.

Referring to Section 21 of the General Clauses Act, 1897 on the power of appointment, the court said that the Section also included the power to remove.

It was purely a political appointment, the court said and dismissed the petition.

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