Prerna Gala
Published on: 12 September 2022 at 16:54 IST
A public interest litigation (PIL) lawsuit was filed before the Bombay High Court challenging the Eknath Shinde-led government’s decision to remove the nominated list of 12 Members of the Legislative Council (MLC) proposed by former CM Uddhav Thackeray.
The PIL filed by social activist Deepak Jagdev challenged the September 5 order of Maharashtra Governor Bhagat Singh Koshyari accepting the Shinde cabinet’s proposal to withdraw the 12 MLCs.
The argument given by petitioner Deepak Jagdev asserted that the governor’s actions are politically motivated and that other petitions currently before the Supreme Court question the legitimacy of the current administration.
The petitioner here emphasized that the apex court has submitted the legal issues raised by those petitions to a Constitution bench, which has not yet had a chance to review them.
“Till the time that is not determined by the Supreme Court, the State of Maharashtra had agreed that no decisions would be taken by the present government,” the petition said.
The Governor had received a list of 12 names that the Uddhav Thackeray-led MVA government had nominated for MLCs. The 12 people were suggested because of their excellence in the arts, social work, literature, and other fields.
Last year, the High Court ruled that the Governor had a constitutional obligation to accept or return names in a timely manner.
A year later, the state government was altered following a political upheaval, and Eknath Shinde was appointed as the new Chief Minister of the State.
The pending list of 12 names submitted by the previous administration was apparently withdrawn by the incoming cabinet in a letter to the governor. On September 5, 2022, the Governor approved the same, and the Governor’s office forwarded the list to the Chief Minister’s Office (CMO).
The governor’s quick move and initial inaction enraged the plaintiff, who eventually launched the current PIL.
In the PIL, the petitioner seeks the following relief:
1) The Governor’s letter, dated September 5, 2022, repealing the list of 12 MLCs recommended by the MVA administration, or its setting aside;
2) Declaring that the cabinet’s withdrawal of the names is illegal;
3) Declaring that the cabinet’s withdrawal of the names is illegal;
4) Commencing of contempt proceedings against the Governor for disobeying the Bombay High Court’s ruling of August 13, 2021;
5) Issuance of a writ to the Governor’s office urging him not to degrade the office by invading the territory of the legislature by actively participating in state politics.
