Names for MLC nominations sent to Guv 8 months ago but no call on them yet: Maha to HC


PTI, Jul 12, 2021, 7:06 PM IST

Mumbai: The Maharashtra government on Monday told the Bombay High Court that in November 2020 it had submitted to the state Governor the names of 12 persons to be nominated as members of the Legislative Council, but he is yet to take a decision on the same.

The state government, in its affidavit, said the Chief Minister, with the aid and advice of the Council of Ministers, had submitted to the Governor in November 2020 a list of 12 persons recommended to be nominated as MLCs at the earliest.

These nominations to the Upper House of the legislature are to be made under the Governor’s quota.

The affidavit was submitted in response to a public interest litigation filed by a Nashik resident, Ratan Luth, who said that the Governor was in breach of his constitutional obligation as he has till date not nominated these persons as members of the council.

Luth’s counsel Aspi Chinoy on Monday told a division bench of Chief Justice Dipankar Datta and Justice G S Kulkarni that eight months have passed since the government submitted the list of 12 names to the Governor.

“The petitioner is not on who should be appointed. We are only asking for a decision to be taken. Although the Governor is not open to judicial orders, his actions or inactions are open to judicial orders,” Chinoy argued.

The state government, in its affidavit, said the power of the Governor to make these nominations does not fall in the category of the ‘discretionary powers’ conferred on the occupant of the top constitutional office.

“The Governor has to exercise this power of nomination strictly in accordance with the aid and advice of the Council of Ministers,” the affidavit said.

It said that on November 6, 2020, the Maharashtra CM, with the aid and advice of the Council of Ministers, had submitted the names and details of 12 individuals to be nominated as MLCs.

“It has been specifically submitted in the said communication that in the larger public interest and from the point of view of healthy democracy as also the rich traditions that are meticulously observed in this regard, it was necessary to fill in these 12 vacant positions at the earliest,” the affidavit said.

It added that the Governor was requested to complete the process of nominating the 12 persons as MLCs at the earliest and at the most within 15 days.

“However, till date the Hon’ble Governor has not respected the aid and advice of the Council of Ministers and the Governor has not yet acted on the aid and advice of the Council of Ministers,” the government said.

The affidavit said so far the government has not received any communication from the office of the Governor on this issue.

The bench said it would continue hearing the matter on July 16. Under Article 171(5) of the Constitution, those nominated shall consist of persons having special knowledge or practical experience in respect of matters such as literature, science, art and social service.

In the past, Maha Vikas Aghadi allies Shiv Sena and the NCP have criticised Governor Bhagat Singh Koshyari over the delay in acting on recommendation over the nominations.

Udayavani is now on Telegram. Click here to join our channel and stay updated with the latest news.

Top News

Karnataka cabinet expansion unlikely: Shivakumar

Siddaramaiah meets PM Modi, seeks urgent clearances for two irrigation projects

Report on Sambhal mosque survey likely to be submitted to local court; security tight in district

CCI orders probe against Google, affiliates for ‘unfair’ business practices in gaming apps’ listing on Play Store

Mahayuti leaders finalize power sharing pact with Amit Shah; CM’s name awaited

Karnataka govt to spend Rs 2,500 crore to upgrade 500 government schools

My name not mentioned anywhere, says Ex-Andhra CM Jagan on Adani bribe controversy

Related Articles More

Delhi: Private school in Rohini receives bomb threat email day after low-intensity blast

SC to hear on Dec 9 plea of mosque committee related to dispute at Mathura Shahi Idgah complex

Violinist Balabhaskar’s father claims son killed by gold smuggling mafia

Joint India-Lanka naval operation, 500 kg of crystal meth seized

‘Pakodas for masses, halwa for chosen few’: Congress slams Modi govt as ILO report flags wage inequality

MUST WATCH

Grafting

Coconut Flower

Prakash Belawadi

Naxal Leader Vikram Gowda

Christmas Cake Fruit Mixing


Latest Additions

Karnataka cabinet expansion unlikely: Shivakumar

Security guard killed in hit-and-run incident in Kengeri

Siddaramaiah meets PM Modi, seeks urgent clearances for two irrigation projects

Delhi: Private school in Rohini receives bomb threat email day after low-intensity blast

Ed Sheeran announces six-city India tour for 2025

Thanks for visiting Udayavani

You seem to have an Ad Blocker on.
To continue reading, please turn it off or whitelist Udayavani.