PIL In Bombay High Court Challenges Governor's Decision Appointing 7 MLCs To State Legislative Council

A fresh Public Interest Litigation (PIL) has been filed in the Bombay High Court challenging the notification issued by the Maharashtra Governor on 14 October 2024, where 7 MLCs (Member of Legislative Council) were nominated to the State Legislative Council. 

The PIL has been filed by Shiv Sena (UBT) leader Sunil Modi. Today, the petitioner's counsel argued that the decision of the Governor to nominate the 7 MLCs was 'malice in law'.  

It may be recalled that in July 2023, Modi had filed a PIL challenging the Governor's decision to withdraw 12 MLC nominations. On 07 October 2024, the High Court had reserved its judgment in the matter. The petitioner's counsel argued that when the issue was reserved for judgment in the previous petition, the action of the governor was malice in law, so as to preempt the decision in the previous petition. 

The counsel further raised the issue of was placed by the Council of Ministers while exercising aid and advice under Article 163(1) of the Constitution before the Governor so as to enable the Governor to take a decision under Article 171 of the Constitution. He argued that the subject matter placed before the Governor could be open to judicial review, citing the SR Bommai vs. UOI case.

The counsel also questioned whether the Governor was aware that the issue was reserved for judgment before the High Court.

He also contended that when discretion is vested in the Governor under Article 171 of the Constitution to nominate the MLCs, the Governor ought to not have acted as a rubber stamp on the aid and advice of ministers, especially when the matter was reserved for judgment. 

A division bench of Chief Justice Devendra Kumar Upadhyay and Justice Amit Borkar heard the matter today. The Court asked the petitioner to amend the petition to include the nominated MLCs as parties to the petition. 

It granted the petitioner liberty to amend the petition and kept the matter for further hearing on 15 January 2025. 

Case title: Sunil Modi vs. The Addl Chief Sec. And Protocol Officer Gen. Administration Dept And Ors (PIL/142/2024)