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The Bombay High Court on Monday, July 31, 2023, directed the Maharashtra government to file its reply in a plea challenging former Governor Bhagat Singh Koshiyari’s decision, withdrawing the nomination of 12 Members of Legislative Council (MLCs) recommended by the then Maha Vikas Aghadi (MVA) government, led by Uddhav Thackeray in 2020.
A Division Bench of Chief Justice D.K. Upadhyaya and Justice Arif Doctor was hearing a public interest litigation (PIL) petition filed by Sunil Modi, area head of Kolhapur Municipal Corporation, who is part of the Thackeray-led Shiv Sena (UBT).
In November 2020, the MVA government had recommended a list of 12 names to the Governor as MLCs. Soon a petition was filed in the High Court seeking directions to the Governor to decide on the same. In 2021, the High Court decided that it is the Governor’s constitutional duty to accept or return names within a reasonable time.
When Eknath Shinde’s government took over last year, the new Maharashtra Cabinet wrote to the Governor that they were withdrawing the pending list of 12 names submitted by the earlier government. The Governor accepted the same on September 5, 2022, and his office returned the list back to the Chief Minister’s Office. This has been challenged by Mr. Modi.
Senior Advocate Anil Anturkar, appearing for Mr. Modi, argued, “This is the case where authority is sitting tight on it for eight months. The Court said that this is a matter where some decision is required, in a polite manner. Something which is said by the Court was not respected. That would not be proper. The Division Bench asked the Governor to speak his mind,” he said.
Advocate-General Birendra Saraf questioned the maintainability of PIL and said, “Today there is no recommendation before the Governor. Petitioner today cannot say that ‘recommendation is made it should continue forever’. It is not his case that the Governor should have decided earlier.”
He added, “These are just recommendations. It is not some change of policy. The same government can also change their recommendation. Once there is a change of government, the Cabinet cannot be deprived of its power to reconsider.”
The Bench will hear the matter on August 21.
