Jammu & Kashmir High Court
Sh. Bharat Bhushan vs Union Of India And Others on 24 July, 2026
Sr. No. 173
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Case No:- WP( C) No.2225/2026
CM No.4803/2026 Pronounced on: 24.07.2026
Uploaded on: 27.07.2026
Sh. Bharat Bhushan .... Petitioner(s)
Through: Mr.Sunil Sethi, Sr. Advocate with
Mr. Ankit Kochhar, Advocate.
Vs
Union of India and Others. ..... Respondent(s)
Through: Mr. Vishal Sharma, DSGI with
Mr. Karan Sharma, Advocate for respondent
Nos.1 to 5.
None for respondent No.6.
Coram: HON'BLE MR. JUSTICE SANJAY PARIHAR, JUDGE
ORDER
1. The petitioner, who was initially elected as a Member of the Cantonment
Board from Ward No.07, came to be nominated as a Member of the
Board by Notification dated 12.11.2021. His nomination was initially for
a period of one year and was thereafter extended annually. Subsequently,
vide Notification dated 12.11.2025, the petitioner was again nominated
as a Member of the Board; however, unlike the earlier notifications, no
specific tenure was prescribed therein. The grievance of the petitioner is
directed against Notification dated 15.07.2026, whereby he has been
substituted by respondent No. 6 as a nominated Member of the Board.
2. Ld. Sr. Counsel appearing for the petitioner submits that the impugned
notification is arbitrary, illegal and violative of the provisions of the
Cantonments Act, 2006. It is contended that Section 34(4) of the Act
mandates that no member of the Board shall be removed under sub-
sections (1) or (2) without being afforded a reasonable opportunity of
showing cause against such removal. According to the petitioner, the Act
does not distinguish between an elected member and a nominated
member insofar as the requirement of affording an opportunity prior to
removal is concerned. It is, therefore, argued that the petitioner could not
have been replaced without complying with the statutory mandate.
3. Per contra, ld. DSGI appearing for the respondents submits that the
impugned action is neither arbitrary nor actuated by mala fides. It is
argued that the petitioner has not been singled out for replacement and
that, by Notifications S.R.O. 17(E) and S.R.O. 18(E), both dated
15.07.2026, several other nominated members of various other
Cantonment Board have also been replaced in a similar manner. It is
further contended on behalf of the respondents that the petitioner, being
merely a nominated member of the Board, has no vested or indefeasible
right to continue in office. His nomination, initially made in the year
2021, had been extended from year to year, and he has remained on the
Board for more than four years. In the absence of any allegation or
material demonstrating mala fides or arbitrariness, the decision of the
Government to nominate respondent No. 6 in his place is not amenable
to judicial interference.
4. Meeting the petitioner’s reliance upon Section 34(4) of the Act, ld. DSGI
submits that nomination to the Board is held at the pleasure of the
Central Government and that replacement of a nominated member in
exercise of such power cannot be equated with punitive removal
attracting the safeguards contained in Section 34(4). It is submitted that
the impugned notification is a consequence of a general policy decision
Page 2 of 4 WP(C ) No.2225/2026 & CM No.4803/2026
to reconstitute the nominated members of the Board and does not
disclose any hostile discrimination against the petitioner.
5. Learned DSGI seeks time to file a detailed reply to the writ petition.
6. On the other hand, ld. Sr. Counsel for the petitioner presses for interim
protection on the ground that respondent No. 6 is likely to assume office
forthwith and, if such assumption of office is not interdicted, the
petitioner would suffer irreparable prejudice and the writ petition itself
may be rendered infructuous.
7. Having heard the counsel for the parties and considered the material
available on record, this Court finds that the petitioner is presently
serving only as a nominated member of the Board. It is not disputed that
his initial nomination made in the year 2021 was extended periodically
on an annual basis. Although the notification dated 12.11.2025 did not
specify any fixed tenure, the petitioner did not challenge the said
notification or seek clarification regarding the duration of his
continuation. Prima facie, therefore, the petitioner cannot claim an
indefeasible right to continue as a nominated member merely because no
period was specified in the last notification.
8. The reliance placed upon Section 34(4) of the Cantonments Act also
does not, at this interlocutory stage, persuade this Court to grant interim
relief. The petitioner has not been able to establish, prima facie, that his
substitution by another nominated member amounts to a removal within
the meaning of Section 34(4), particularly when his nomination itself
was temporary in nature and subject to extension by the competent
authority. The petitioner has also failed to plead or demonstrate any mala
fides or arbitrariness in the decision-making process. On the contrary,
Page 3 of 4 WP(C ) No.2225/2026 & CM No.4803/2026
the material placed before the Court indicates that several other
nominated members have likewise been replaced by notifications issued
on the same date.
9. In view of the aforesaid, this Court is of the opinion that the petitioner
has failed to establish a prima facie case warranting grant of interim
relief. The balance of convenience also does not lie in his favour, nor is
any irreparable injury made out so as to justify staying the operation of
the impugned notification at this stage.
10. Accordingly, the prayer for interim relief is declined. However, in order
to preserve the subject matter of the writ petition, it is directed that the
nomination of respondent No. 6 shall remain subject to the final outcome
of the present writ petition.
11. CM No. 4803/2026 stands disposed of accordingly.
12. List for filing of response of respondents on 31.08.2026.
( SANJAY PARIHAR )
JUDGE
Jammu
24.07.2026
Narinder
Whether the order is speaking? Yes
Whether the order is reportable?No
Narinder Kumar
2026.07.27 13:28
I attest to the accuracy and
Page 4 of 4 WP(C ) No.2225/2026 & CM No.4803/2026
integrity of this document
