The PIL has been moved by the Bombay High Court wherein challenging the Governor Bhagat Singh Koshyari’s decision from 05.09.2022 in order to withdraw the 12 Member of Legislative Counsel’s, MLC nominations recommended by the Maha Vikas Aghadi, MVA government soon after the CM Eknath Shinde-led government came to power.
The Division bench comprising of Chief Justice Devendra Kumar Upadhyaya and Justice Arif S Doctor in the case observed and has granted the State 10 days to respond to the PIL. Therefore, It has been filed by the Shiv Sena, Uddhav Balasaheb Thackeray leader and former corporator of Kolhapur Municipal Corporation Sunil Modi. The court observed and has stated that the 12 MLC posts continue to remain vacant since the past three years.
The counsel, Advocate General Birendra Saraf for the State submitted before the court that till the date no new recommendations for the 12 MLC posts have been made to the new governor.
The Bombay High Court in the case led by CJ Dipankar Datta on the PIL moved by one Ratan Soli Luth interpreted under Article 171 and Article 166 of the Constitution of India with regards 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 in the case observed and has refused to nominate 12 members to the Legislative Council for over a year. The bench of Justice Datta in the case observed and has held that it being the duty of the Governor to communicate his reservations within a reasonable time otherwise the statutory intent would be defeated.
The Supreme Court in the case observed and disposed of the special leave petition, SLP by Luth who had challenged the August 2021 high court order in the matter. Accordingly, the court listed the matter for further consideration on
August 21, 2023.
