The power of the Governor to remove the Chairman of Public Library under Andhra Pradesh Public Libraries Act, is not absolute and is subject to statutory restriction

Petitioners were appointed as Chairman and Members of State Level Public Library and District Level Public Libraries on nomination basis and their tenure of office is during the pleasure of Governor. Petitioners were terminated from services.Â

When provisions of Andhra Pradesh Public Libraries Act are analogous to Articles 310 and 311 of Constitution of India for removal of Chairman and when Act is passed by State by exercising powers under Indian Constitution, Rules framed under Act are to be adhered to while exercising power by Governor of State to remove Petitioner as Chairman. Such power to remove Petitioners / Chairman and Members is subject to holding an enquiry as enunciated under S.18-A of the Andhra Pradesh Public Libraries Act. As long as the procedure is prescribed for removal of petitioners as Chairman's, such prescribed procedure under S.18-A of Andhra Pradesh Public Libraries Act shall be adhered to, since the power of Governor is not absolute.

Therefore, the power of Governor under Act contained in S.11(3) of Andhra Pradesh Public Libraries Act, is not absolute and it is subject to compliance of S.18-A. In absence of S.18-A of the Andhra Pradesh Public Libraries Act, the power of the Governor can be said to be absolute. Thus, the Doctrine of Pleasure that can be exercised by the Governor is restrictive in nature.
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Appearing counsel: Sri Vedula Venkataramana

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