The Maharashtra government informed the Bombay High Court that there is no barrier preventing the Governor from appointing seven Member of Legislative Council (MLC) nominees. This announcement followed a plea by Sunil Modi, challenging the withdrawal of a prior list of 12 nominees sent for approval in 2020.
Mumbai: The Maharashtra government recently informed the Bombay High Court that there is no barrier preventing the Governor from appointing seven Member of Legislative Council (MLC) nominees. This update emerged during a court hearing concerning a plea filed by Sunil Modi, a former municipal corporator from Kolhapur, and a member of the Shiv Sena (UBT) party. The plea challenged the withdrawal of a list of 12 MLC nominees that was sent for the Governor’s approval in 2020.
During the hearing, the State Advocate General, Birendra Saraf, explained to a bench comprising Chief Justice DK Upadhyaya and Justice Amit Borkar that despite the court reserving its order on Modi’s plea on October 7, no stay had been issued regarding the appointment of MLCs. Saraf emphasized,
“There was never any stay (granted by court) or statement (made by State that it will not appoint MLCs).
Even on October 7, they (petitioner) asked for a stay (on appointments), which the court did not grant.” This statement highlights the government’s commitment to moving forward with the appointments, despite ongoing legal proceedings.
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Modi’s advocate, Harshada Shrikandhe, clarified that they were not seeking any immediate relief but wanted to inform the court of the latest developments. “The court had reserved the order on October 7. This morning new appointments have been made,” Shrikandhe stated, signifying the urgency and importance of the matter at hand.
The background of this case dates back to the former Uddhav Thackeray-led Maharashtra Vikas Aghadi government, which had recommended 12 nominations to the Legislative Council. However, after the change in government in 2022, led by Eknath Shinde, the new cabinet decided to withdraw the pending list of nominations. The Governor accepted this withdrawal on September 5, 2022, returning the list to the Chief Minister’s Office (CMO). Modi’s challenge before the High Court was based on his grievance regarding the Governor’s delay in acting on the nominations.
His counsel, Yashraj Sing Deora, argued that the Governor should not function merely as a rubber stamp but should meticulously evaluate the cabinet’s advice and recommendations. Saraf countered this by stating that the issue became moot once Shinde became Chief Minister and retracted the nominations, leading the court to conclude that there was no basis for the plea since the process was effectively terminated.
Historically, the Bombay High Court has emphasized the urgency of filling these MLC seats. In a prior case on August 13, 2021, the court noted the need for timely action from the then-Governor Koshyari on the nominations, as “seats in the ‘cannot be kept vacant indefinitely.” This precedent underscores the significance of timely appointments to maintain the functioning of the legislative process.
As the legal proceedings continue, it remains crucial for both the government and the judiciary to ensure that the appointments are made transparently and without undue delay. The ongoing debate surrounding the Governor’s role in this process raises important questions about the balance of power between state officials and the executive, especially in the context of Maharashtra’s political landscape.
The Maharashtra government’s assertion that there are no impediments to appointing MLCs by the Governor reflects an evolving legal and political narrative. As the Bombay High Court navigates these complexities, it remains to be seen how this situation will develop and whether it will set a precedent for future appointments within the state’s legislative framework. The outcome will undoubtedly impact the political dynamics in Maharashtra and shape the role of the Governor in the legislative process.
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