'Eknath Shinde Govt Can't Nullify Lawful Decisions Taken By MVA Govt' : Plea In Bombay High Court

The petitioners, Retd IAS officer Kishore Gajbhiye, Chairman of SC/ST commission Jagannath Abhiyankar and others are particularly concerned with the effect this decision will have on sanctioned schemes under the Social Justice and Special Assistance Department, Tribal Development Department and Tourism and Cultural Affairs.

On July 21, 2022 the Deputy Secretary of the Tribal Development Department began cancelling the appointment of 197 president and non-official members appointed on 29 Tribal projects before their tenure was completed. The appointments of some of the petitioners would also be cancelled soon, according to the plea.

"The politicians in Maharashtra inspired by greed for power have given rise to the present day turmoil, political instability and administrative vacuum and financial insecurity at all levels of administration in the State of Maharashtra."

"..The Chief Minister is not empowered either under the constitution of under the Conduct of Business Rules framed under Article 166 of the Constitution of India to stay or nullify the decisions of the earlier government which were lawfully taken," the plea states.

It adds that the decision is taken without the aide and advice of the council of Ministers. Moreover, even portfolios haven't been distributed yet. Only CM Shinde, who rebelled along with 40 other Shiv Sena MLA and formed government with the support of BJP, was sworn in as CM and Devendra Fadnavis as the Deputy CM.

Immediately after the two were sworn in the Maharashtra Government directed to stay works under the district annul plan 2022-2023, which had already received administrative approval. Also election of about 30,000 co-operative societies. On July 20, the Chief Secretary on the orders of the CM directed secretaries to submit proposals to cancel appointments of commissions etc. Several resolutions were accordingly passed.

"The decision to cancel the appointment of members on various statutory boards, commissions and committees prematurely is malafide and nothing but an act of political expediency," the petition reads.

It adds that delay in execution is increasing the burden on the exchequer. The petitioners have further claimed that the earlier MVA government had taken several policy decisions and according administrative approval to various schemes under the Bharat Ratna Dr. Babasaheb Ambedkar Social Development Scheme." Atleast 12 works under this policy have been stayed.

No complaints were ever received neither to the Chief Secretary of the Government of Maharashtra nor heads of other Departments of Government of Maharashtra either of financial irregularities or favouritism and nepotism in sanction of works.

Therefore, the petitioners have prayed –

1.Quash circular dated July 20, 2022 addressed to Addl chief Secretaries to prepare proposals to cancel non-official government members of statutory bodies, Government and Semi- Government Corporations and submit to the CM.

2.Quash government circulars staying various projects and schemes.

3.Quash July 21, 2022 GR of the Deputy Secretary of the Tribal Development Department cancelling the appointment of 197 president and non-official members appointed on 29 Tribal projects before their tenure was completed.

The petition is filed through Talekar and Associates.