Bombay HC dismisses petition challenging appointment of three ministers

The court further held that it was for the speaker to decide on their disqualification and the HC would not interfere.

The Bombay high court (HC) recently dismissed petitions challenging the appointment of two politicians who defected to the Bharatiya Janata Party (BJP) and Shiv Sena and a former RPI legislator as ministers on the grounds that nothing debarred the state constitutionally from appointing anyone as minister.

The Bombay high court (HC) recently dismissed petitions challenging the appointment of two politicians who defected to the Bharatiya Janata Party (BJP) and Shiv Sena and a former RPI legislator as ministers (HT Photo)

The court further held that it was for the speaker to decide on their disqualification and the HC would not interfere.

Radhakrishna Vikhe Patil, who defected from the Congress and joined BJP; Jaydutt Kshirsagar, who defected from the NCP and joined Shiv Sena; and Avinash Mhatekar from RPI who had lost in 2014 were given ministerial posts just four-and-a-half months before the Assembly elections.

A division bench of justices SC Dharmadhikari and Gautam Patel while hearing the petition by Surinder Arora, an activist, through senior advocate Satish Talekar was informed that as per Article 164 (4) of the Constitution, the appointment of the three was not valid. However, the state submitted that as per Article 164 (2), the chief minister could recommend names of legislators or non- legislators to the governor for appointment to the post of minister.