Bombay High Court pronounced its verdict on Thursday dismissing the public interest litigation (PIL) filed by Shiv Sena UBT against the then Governor Bhagat Singh Koshiyari’s decision to stop the appointment of 12 Maharashtra Legislative Council (MLAs) to the Maharashtra Legislative Council.
The issue began in November 2020 when the Maha Vikas Aghadi (MVA) government, led by then Chief Minister Uddhav Thackeray, recommended a list of 12 names for nomination to the MLC.
However, the then-Governor Bhagat Singh Koshyari did not act on these recommendations, leading to allegations of an “illegal pocket veto.” The situation escalated when, in 2022, the new cabinet led by Chief Minister Eknath Shinde sought to withdraw the pending list of nominees.
The situation escalated when, in 2022, the new cabinet led by Chief Minister Eknath Shinde withdrew the pending list of nominees. Sunil Modi filed the PIL, arguing that this withdrawal was an overreach, challenging the legality of the Governor’s inaction and the subsequent withdrawal of the nominations by the new cabinet.
The court, led by Chief Justice Devendra Kumar Upadhyaya and Justice Amit Borkar, has been examining the Governor’s role in such nominations and whether there should be a differentiation between decisions made by different cabinets.
Maharashtra Governor CP Radhakrishnan had approved a new list of seven MLCs, just before the announcement of the Maharashtra Assembly elections. This move led to fresh legal challenges by Sunil Modi, who argued that the Governor could not have approved these names while the court’s judgment was pending.
Notably, Article 171 (5) of the Constitution requires nominated MLCs to comprise persons from specialised backgrounds and experiences, be it science, sports, art, and culture.
(With inputs from ANI)
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