S.S. DHANOA versus UNION OF INDIA AND ORS.

S.S. DHANOA versus UNION OF INDIA AND ORS.

The abolition of the posts of Election Commissioners was within the President's discretion under Article 324(2); the decision was administrative, not mala fide, and did not affect the independence of the Election Commission. Termination due to abolition of posts was not illegal nor a violation of guaranteed tenure under service rules. Protections for tenure and removal under Article 324(5) apply primarily to the Chief Election Commissioner, not to other Commissioners. The flashing of photographs during announcement of removal was to be deprecated but did not affect the validity of the abolition.

Parties
Petitioner: S.S. Dhanoa; Respondents: Union of India and Ors.
Jurisdiction
India
Judgment Date
24 July 1991
Procedural Posture
Writ Petition (civil) No. 235 of 1990 Under Article 32 of the Constitution of India / Final Judgment
Outcome
Petition dismissed; rule discharged. No order as to costs.
Legal Topics
Abolition of Election Commissioners' Posts, Article 324 of the Constitution, Election Commission Independence
Constitutional Law Election Law Abolition of Election Commissioners' Posts Article 324 of the Constitution Election Commission Independence

Case Brief

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Parties

S.S. Dhanoa

Petitioner

Union of India and Ors.

Respondents

Procedural Posture

Writ Petition (civil) No. 235 of 1990 Under Article 32 of the Constitution of India / Final Judgment

Legal Issues

  1. 1 Whether the abolition of the posts of Election Commissioners and termination of their appointment was mala fide or affected the independence of the Election Commission
  2. 2 Whether the abolition caused material loss justifying judicial intervention
  3. 3 Whether the flashing of photographs of former Commissioners on television amounted to defamation or loss of dignity

Ratio Decidendi

The abolition of the posts of Election Commissioners was within the President's discretion under Article 324(2); the decision was administrative, not mala fide, and did not affect the independence of the Election Commission. Termination due to abolition of posts was not illegal nor a violation of guaranteed tenure under service rules. Protections for tenure and removal under Article 324(5) apply primarily to the Chief Election Commissioner, not to other Commissioners. The flashing of photographs during announcement of removal was to be deprecated but did not affect the validity of the abolition.

Court Disposition

Petition dismissed; rule discharged. No order as to costs.

Orders

  • Petition is dismissed; rule is discharged.