HC seeks state reply on PIL challenging withdrawal of 12 MLC nominations by MVA govt

Mumbai: The Bombay high court on Monday granted the state government 10 days to respond to a public interest litigation (PIL) challenging then governor Bhagat Singh Koshyari’s decision on September 5, 2022 to withdraw 12 members of the legislative council (MLC) nominations recommended by the Maha Vikas Aghadi (MVA) government in November 2020

Mumbai: The Bombay high court on Monday granted the state government 10 days to respond to a public interest litigation (PIL) challenging then governor Bhagat Singh Koshyari’s decision on September 5, 2022 to withdraw 12 members of the legislative council (MLC) nominations recommended by the Maha Vikas Aghadi (MVA) government in November 2020.

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The PIL claimed that as these posts have been lying vacant for almost three years, directions should be issued to fill up the same. However, advocate general Birendra Saraf informed the HC that till date there are no new recommendations for the 12 MLC posts before the governor.

A division bench of chief justice Devendra Kumar Upadhyaya and justice Arif Doctor, while hearing the PIL filed by former corporator from Kolhapur Municipal Corporation and Shiv Sena (UBT) leader Sunil Modi, was informed that the former governor had illegally refused to accept and act on the recommendations.

The PIL stated that by delaying the decision to accept or refuse the names for almost a year and 10 months, the former governor had caused a loss to the public at large and also enabled the subsequent government to withdraw the nominations. “This eventually enabled a subsequent government (Chief minister Eknath Shinde-led government) to withdraw the nominations made to the legislative council, which is otherwise impermissible under the constitutional scheme,” the PIL stated.

The PIL sought quashing and setting aside the September, 2022 decision of the governor withdrawing names for 12 MLC posts recommended by the MVA government. Moreover, it sought the HC to request the governor to either nominate the 12 members recommended on November 6, 2020, or return the recommendation with reasons recorded. Pending hearing of the PIL, the petitioner sought stay on appointment of 12 MLCs to the post.

In September 2022, Koshyari had approved the recommendation of the Shinde-led government to withdraw the names of the MLC’s recommended by the council of ministers of the Uddhav Thackeray government in November 2020.

Modi filed the PIL on July 28 after the Supreme Court on July 11 permitted him to institute independent proceedings after he had intervened in the special leave petition (SLP) filed by Nashik based Ratan Soli Luth challenging an August 2021 order of the HC. However, after Luth withdrew the SLP, Modi had sought to replace Luth’s petition with his application.

However, the SC bench of chief justice of India D Y Chandrachud and justices P S Narsimha and Manoj Misra on July 11 had kept the question of law open and without making any opinion on the same, allowed Modi to institute independent proceedings.

The August 2021 order of the HC passed by then chief justice Dipankar Datta, who is now a SC judge, had said that it was desirable that the governor decides on nominating the names to the 12 MLC posts recommended by the council of ministers at the earliest as almost eight months had passed since the names were forwarded to him. The order had further stated that it was the governor’s obligation to accept or return recommendations within a reasonable time, and the Legislative Council posts could not be kept vacant indefinitely.