2010 AIR SCW 3330 ::2010 (6) AIR Bom R 29 ::2010 (6) SCC 331 ::(2010) 5 Scale 134 ::(2010) 4 All WC 3617 ::(2010) 4 ICC 54 ::(2010) 4 Mad LJ 181 ::(2010) 3 Lab LN 44 ::(2010) 2 Ker LT 55

Supreme Court Of India

Hon'ble Judge(s): K. G. Balakrishnan, S. H. Kapadia, R. V. Raveendran, B. Sudershan Reddy, P. Sathasivam , JJJ

(A) Constitution of India , Art.32— Public Interest litigation - Locus standi - Petition against removal of Governors of State by President - Petitioner a member of public has no locus to file petition in regard to prayers claiming relief for benefit of individual Governors - Moreover such prayers no longer survive on account of passage of time - However with regard to general question of public importance touching upon scope of Art.156(1) and limitations upon doctrine of pleasure - Petitioner has necessary locus. (Para 11) (B) Constitution of India , Art.156(1), Art.14— Governor - Holds office during @page-SCW3331pleasure of President - President can remove Governor from office without assigning any reason and without giving any opportunity to show cause - Withdrawal of pleasure however can only be for valid reasons and not at sweet will, whim and fancy of Authority. Under Art. 156(1), the Governor holds office during the pleasure of the President. Therefore, the President can remove the Governor from office at any time without assigning any reason and without giving any opportunity to show cause. Though no reason need be assigned for discontinuance of the pleasure resulting in removal, the power under Article 156(1) cannot be exerci....