Shive Sena (UBT) Leader Moves Bombay High Court Against Withdrawal Of 12 MLC Nominations Made By MVA Govt

A PIL has been filed in the Bombay High Court challenging then Governor Bhagat Singh Koshyari’s decision from September 5, 2022 to withdraw 12 Member of Legislative Council’s (MLC) nominations recommended by the Maha Vikas Aghadi (MVA) government soon after CM Eknath Shinde-led government came to power.

A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Arif S Doctor granted the State 10 days to respond to the PIL. It is filed by Shiv Sena (Uddhav Balasaheb Thackeray) leader and former corporator of Kolhapur Municipal Corporation Sunil Modi.

The PIL will be heard next on August 21. Meanwhile the 12 MLC posts continue to remain vacant since the past three years.

On Monday, Advocate General Birendra Saraf for the State submitted that till date no new recommendations for the 12 MLC posts have been made to the new governor.

Last year, the Bombay High Court bench led by then CJ Dipankar Datta on a PIL by one Ratan Soli Luth interpreted Articles 171 and 166 of the Constitution of India regarding the Governor's discretion to not nominate members to the Legislative Council as recommended by the Council of Ministers of the State of Maharashtra. The Governor had refused to nominate 12 members to the Legislative Council for over a year.

While a court is not empowered to direct the Governor under Article 361, Justice Datta held it was the Governor's duty to communicate his reservations within a reasonable time otherwise the statutory intent would be defeated.

On July 11, the Supreme Court disposed of a special leave petition (SLP) by Luth who had challenged the August 2021 high court order in the matter.