Bombay HC refuses to issue direction to Maharashtra Governor on MLC nomination

Bombay High Court
Bombay High Court

Greeva Garg –

Published on: August 14, 2021 10:28 IST

The Bombay High Court has refused to issue directions to Maharashtra Governor Bhagat Singh Koshyari for taking decision on nomination of Maharashtra Legislative Council (MLC) among the 12 names recommended by the Uddhav Thackeray Government.

The High Court observed that the Governor has a constitutional obligation for making an appointment of MLC, directions cannot be issue in this regard.

The observation by the Court was made in the petition filed by Ratan Soli Luth in the Bombay High Court, question in regard to the powers and role of the Governor to make nomination on the Legislative Council.

Dismissing a petition over inaction of Governor Koshyari over the matter, the bench of Chief Justice Dipankar Datta and Justice GS Kulkarni said, “Directions could not be given to the Governor under Article 361 of the Constitution, it hoped that things would be set right at an early date. Governor has to act on the advice of the council of ministers. The obligation that the constitution rests on the governor to either accept or return the recommendations as made by the Council of Ministers has to be discharged within a reasonable time.”

The Uddhav Thackeray Government has already recommended 12 members for the nomination of member for State Legislative Council. However, the Governor has neither accepted nor rejected the recommendations in during last 8 months.

The Court further said, “The appointment seats of the members in the legislative council who are required to be nominated by the Governor cannot be kept vacant indefinitely without there being a justifiable cause. The eight-month period is beyond a reasonable time. Looking at the gravity of the situation, the posts need to fill up expeditiously.”

While passing the Judgement in the matter, the Court asked the Maharashtra Government to act responsible upon the matter and stated that, “It is mature and responsible governance both at the central as well as in the states that the people look up to. Should there be any misunderstanding or miscommunication between two constitutional authorities or functionaries, then the right direction has to be followed.”

Judgement Copy

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