Bombay HC dismisses plea challenging appointment of Neelam Gorhe as deputy chairman of Legislative Council

In a relief to deputy chairman of the Legislative Council and Shiv Sena MLC Neelam Gorhe, the Bombay high court (HC) dismissed a petition by Bharatiya Janata Party

In a relief to deputy chairman of the Legislative Council and Shiv Sena MLC Neelam Gorhe, the Bombay high court (HC) dismissed a petition by Bharatiya Janata Party (BJP) MLC Gopichand Padalakar from Sangli, wherein he challenged her appointment.

The Bombay high court held that ex facie there was no gross illegality or unconstitutionality in the action of choosing Gorhe. (HT Photo)

Padalkar had sought setting aside of Gorhe’s appointment, claiming that the election on September 8, 2020, was illegal and arbitrary, and had sought re-election. The court, however, held that ex facie there was no gross illegality or unconstitutionality in the action of choosing Gorhe as deputy chairman as she enjoyed the support of a majority of the members.

The division bench of justice Nitin Jamdar and justice Milind Jadhav, while hearing Padalkar’s petition, was informed by senior counsel Milind Sathe and advocate Prahlad Paranjpe that on September 4, 2020, the Legislative Council had issued a general notice announcing that it would be in session on September 7 and 8, and would fill up the position of deputy chairman which was vacant since April 2020. The notice also stipulated that only those who tested negative for Covid-19 would be permitted to attend the session.

However, advocate-general Ashutosh Kumbhakoni, representing the state, opposed the plea and submitted that the validity of any proceeding in the Council could not be disputed on the grounds of any irregularity of procedure. He further argued that the petitioner was unable to participate in the election process due to peculiar circumstances and not by any action of the respondents. Kumbhakoni concluded that no interference of the HC was warranted, and hence, the petition should be dismissed.

After hearing the submissions, the bench noted, “There is no merit in this challenge. Even to consider the challenge on this count, prejudice flowing from the same should be ex facie apparent. The petitioner is calling upon the court to undertake an inquiry into the propriety of the procedure adopted by the Legislative Council, which is impermissible in view of the Constitution of India.” The court then dismissed the petition.