The Supreme Court has held that state assemblies must follow each step of the constitutional removal procedure, and that a failure at any stage invalidates the process that follows.
The judgment
The court considered whether substantial compliance with the removal procedure is sufficient, or whether each stage must be completed as written. It held that the procedure is mandatory in its entirety.
The procedure is not a formality that may be satisfied approximately. It is the protection.
- Notice must be served on the office holder and acknowledged.
- The assembly must consider the notice within the period prescribed.
- Any investigation must be completed before the assembly is asked to act.
- A resolution requires the majority specified in the constitution.
Where any step is omitted, the court held, subsequent action is void rather than voidable, meaning it has no legal effect at all.
Why it matters
The practical consequence is that assemblies cannot rely on the outcome of a vote to cure a defective process. A challenge brought after a removal has taken effect would still be heard on the procedure, not only on the merits.
For legislators, the ruling means the record of each stage becomes as important as the vote itself. Minutes, service records and investigation reports are all now part of what a court will examine.
The judgment applies to the removal of governors and deputies. Its reasoning is likely to be argued by analogy in other cases where the constitution prescribes a staged procedure.
