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SC clears decks for 12 MLCs’ appointment
Sanjay Tatkare, spokesperson for Ajit camp, said it is a welcome move as such positions should not be left vacant. “With the SC decision in place the seats will now be filled, and the legislators can work for the development of the state. We hope the new cabinet will ensure that the vacant posts are filled up as soon as possible.”
The Supreme Court on Tuesday paved the way for appointment of 12 MLCs (members of legislative council) from the governor’s quota after it allowed the main petitioner in the case to withdraw his plea.
Ratan Soli Luth had challenged the delay in clearing the names for the upper house by the then governor Bhagat Singh Koshyari.
The SC also granted a request made by Sunil Modi, who had filed an intervention petition in this case, and allowed him to file an independent petition.
The SC decision came at a time when the Ajit Pawar-led NCP faction joined the Eknath Shinde-Devendra Fadnavis government.
Sanjay Tatkare, spokesperson for Ajit camp, said it is a welcome move as such positions should not be left vacant. “With the SC decision in place the seats will now be filled, and the legislators can work for the development of the state. We hope the new cabinet will ensure that the vacant posts are filled up as soon as possible.”
The posts of 12 MLCs have been vacant for more than three years. On November 6, 2020, the Uddhav Thackeray-led Maharashtra Vikas Aghadi government approved a list of 12 candidates for the seats and later shared it with the governor for approval.
However, Koshyari, who was removed from the post in February 2021 following a string of controversies, did not approve the list till his term ended.
In October 2021, Luth approached the SC against the Bombay high court’s decision that said the governor was obligated to accept or return the recommendations made by the state government within a reasonable time and the seats could not be kept vacant indefinitely.
Advocate CU Singh, who appeared for the petitioner, said it was binding on the governor to decide on the names recommended by the state cabinet. He also informed the court that on September 5, 2022, the governor, without taking any reasonable decision on the nomination, returned the names following a change in the government.
The petition was admitted by the court which in September 2022 ordered that no appointment be made on the 12 posts until the petition was disposed of.
On Tuesday, Luth requested the apex court to permit him to withdraw the petition.
