Court say the governor has the constitutional obligation to either accept or reject within a reasonable time the proposal on the appointment of 12 new Legislative Council members
The differences between Thackeray-led MVA and Governor Koshyari have only grown over the years
Deciding a petition on Friday, the Bombay high court has put the ball in the Maharashtra governor’s court in the issue related to the delay in appointing 12 persons to the upper house. It said the governor has the constitutional obligation to either accept or reject within a reasonable time the proposal that the Maha Vikas Aghadi Government had sent him in November 2020.
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The court said the governor was not answerable to it but hoped and trusted that the constitutional obligation was fulfilled without much delay. “In the present case, eight months have passed. This is a reasonable time according to us. It is important that the obligation of the governor in the present case is discharged without much delay,” the court said.
“While it is true that the governor is not answerable to the court, we hope and trust that the constitutional obligation is fulfilled,” said a division bench of Chief Justice Dipankar Datta and Justice G S Kulkarni. The petition was filed by Nashik resident Ratan Soli Luth seeking direction to Governor B S Koshyari to decide on the nominations submitted by the government.
Political corridors felt that the judgment was a matter of interpretation. “Considering the developments in the past two years, especially the friction between the state and Raj Bhavan, it is too much to expect the governor to change his heart and clear the appointments after the high court’s observations,” said a senior leader attached with one of the ruling parties.
As per Article 171 (2) (2) and 171 (5) of the Constitution, the governor can appoint persons of eminence having special knowledge or practical experience in literature, science, art, cooperation and social service to the upper house. The chief minister recommends the names on the cabinet’s behalf. Historically, the recommendations made in Maharashtra have been accepted without delay whenever the ruling party or alliance was also in power in the Centre.
A year after political scenarios changed in Maharashtra post-2019 polls, the MVA sent its recommendation which hasn’t been rejected but kept pending. Incensed, the government reported Koshyari to PM Narendra Modi while MVA leaders blamed the delay on politics. The friction between the government and Raj Bhavan regenerates whenever the former feels that the latter is encroaching upon its rights. Recently, the governor’s three-day tour of central Maharashtra and review meetings were opposed by the cabinet.
The governor made a partial change to his tour after receiving a dissent note from the cabinet, but still reviewed government work.
According to the MVA, the three constituents have shared four seats each, and the names they have put in public domain are—Urmila Matondkar, Chandrakant Raghuvanshi, Nitin Bangude Patil and Vijay Karanjkar (Shiv Sena); Eknath Khadse, Raju Shetti, Anand Shinde and Yashpal Bhinge (NCP) and Rajani Patil, Sachin Sawant, Muzaffar Hussain and Anirudh Bankar (Congress).
(With inputs from Agencies)
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