Why Maharashtra Governor Hasn't Decided On Nominations To Legislative Council? Bombay High Court Asks

The Bombay High Court has sought an explanation on why the Governor has still not decided on the nomination of members to Maharashtra's Legislative Council (MLC), despite the 12 names submitted by Council of Ministers on November 6, 2020.

The division bench of Justices SJ Kathawalla and SP Tavade also asked the State to set out by when the Governor would consider the nominations and dispose of the matter.

"We direct respondents to file an affidavit in reply setting out reasons for not acting on the representation submitted to the Hon'ble Governor of Maharashtra by the Council of Ministers for nomination to the Maharashtra Legislative Council under Article 171 (2) (e) and 171 (5) of the Constitution of India, and by what time the submission of the council of ministers, November 6, 2020, will be considered and disposed of," the bench ordered.

"He must decide it either way. There is something he has to do. He can't keep it in his drawer, not to see the light of day." Justice Kathawalla said in an off the cuff remark after the order was passed on a PIL.

Advocate Gaurav Srivastav for the petitioner, activist Ratan Soli Luth, submitted that main issue behind the Governor not taking a decision, is the tussle between the Governnor and the State.

He pointed out that in other States, the decision was taken within a day.

The plea alleges that Governor, in breach of his constitutional obligation, failed to act on the recommendation of the Council of Ministers and has till date not nominated said 12 members to LC.

The petition notes that, "Article 171(5) establishes that the object and purpose of such members to be nominated by the Governor to the LC was that the Council would have the benefit of nominees having special knowledge or practical experience in the fields of literature sceience, art, and social service."

"The hon'ble Governor's malafide, unconstitutional, arbitrary omission in not making the nominations on the basis of and in accordance with the recommendations made by the Council of Ministers, deprives the LC of the benefit of such nominees having special knowledge. The Hon'ble Governor's wrongful failure to make such nominations to the LC.. also necessarily affects all citizens of the State of Maharashtra in as much as it deprives the LC of this constitutional provision," the plea further notes.

State's counsel Geeta Shastri then said that if directions are sought against the Governor, the Secretary to the Governor should be made a party.

The bench then passed the order seeking an explanation from the State and asked petitioner to make the required amendment to the petition.