The Bombay High Court recently delivered a strikingly divided verdict on the contentious question of the Central Government's authority to substitute a nominated member of a Cantonment Board, specifically concerning the Deolali Cantonment Board in Nashik.

Justice Revati Mohite Dere and Justice Dr. Neela Gokhale presented contrasting opinions on whether the Central Government can remove or substitute a serving nominated member before the expiry of their tenure.

Justice Mohite-Dere held that the Central Government cannot simply replace a nominated member of a Cantonment Board in the middle of their term without following the proper legal process. She said the government must record its reasons and comply with the safeguards under Section 34 of the Cantonment Act, 2006, which deals with removal. According to her, any mid-term substitution without these steps is arbitrary and therefore not allowed.

Justice Gokhale took the opposite view. She said the Central Government acts under the “doctrine of pleasure,” which gives it wide discretion to change nominated members at any time. In her view, replacing one nominated member with another does not amount to “removal” and does not cast any stigma on the outgoing member, so the government is not required to follow Section 34 or any specific removal procedure.

Facts:

The dispute began when Pritam Adhav, who had been a nominated member of the Cantonment Board since 2021 and whose term was supposed to last until February 2026, learned that she was going to be replaced. She claimed this move was politically motivated and influenced by the Maharashtra Chief Minister, and she challenged it as arbitrary and illegal.

Justice Mohite-Dere explained that Section 13 of the Cantonment Act sets out how members are to be nominated, and Section 34 lays down the procedure for removing a member. Section 34 requires basic safeguards such as giving a show-cause notice and following principles of natural justice.

Since none of these steps were followed, Justice Mohite-Dere ruled that the substitution was unlawful. She said, “The Petitioner’s substitution without compliance with Section 34 amounts to her removal in substance, even if described as a ‘substitution’.”

Justice Dere also said that allowing the government to remove a member without giving reasons or following the proper procedure would give the executive unchecked power. She held that this would violate Articles 14 and 21 of the Constitution, which guarantee fairness and protect against arbitrary action.

In contrast, Justice Gokhale pointed out the absence of any prescribed fixed tenure for nominated members in the Cantonment Act, implying such members serve at the Central Government's pleasure. She wrote, "There is no provision in the Cantonment Act, placing fetters on the powers of the Central Government while exercising its pleasure doctrine, save and except to follow the consultation process."

Justice Gokhale said there is an important difference between nominating a member and appointing one. According to her , the authority that nominates members has full power to substitute them at any time, and it does not need to give notice or provide reasons. She explained that changes in the Board’s composition can happen simply because the government decides to alter how the Board is constituted.

She added that such substitution does not carry any stigma for the outgoing member, unlike a removal under Section 34. Therefore, in her view, the principles of natural justice are not violated when the government replaces a nominated member in this manner.

Case Detail: Pritam Dinkar Adhav vs Union of India (Writ Petition 3695/2025)

Appearance: Senior Advocate Ashutosh Kumbhakoni along with Advocates Tejas Deshmukh, Ronak Utagikar, Onkar Somvanshi Sagar Kursija for the Petitioner

Additional Solicitor General Anil Singh along with Advocate Sangeeta Yadav represented the Authorities.

Advocate Neeta Masurkar represented the Deolali Cantonment Board.

Senior Advocate Rajiv Patil along with Advocates Ajinkya Jaibhave and Anusha Pradhan Jaibhave represented the New Nominated Member