Guv should decide on MLC nominee list, can’t sit on it, HC tells state

HC DIRECTED THE STATE TO FILE AN AFFIDAVIT IN RESPONSE TO

THE PIL WITHIN TWO WEEKS

MUMBAI: The Bombay high court (HC) observed that the governor cannot sit on the list of 12 nominees submitted to him by the council of ministers in November 2020, and directed the state and other respondents to file their replies to a public interest litigation (PIL) which sought directions for a decision to be taken on the list as per the stipulations of the Constitution of India. On November 6, the council of ministers had submitted the list of 12 nominees to be nominated by the governor to the Maharashtra Legislative Council after the cabinet approved it.

A division bench of justice SJ Kathawalla and justice SP

Tavade while hearing the PIL filed by Ratan Luth, a social worker from Nashik through advocate Gaurav Srivastav, was informed that as per Article 171 (2) (2) and 171 (5) of the Constitution, the 12 members to be nominated by the governor included persons having special knowledge or practical experience in literature, science, art co-operative movement and social service.

The plea submitted that as per the said articles of the Constitution,

the governor has an obligation to decide on the recommendations of the council of ministers, but as he had not done so even after a passage of four months, there was a loss to the cabinet and the citizens of Maharashtra as they could not benefit from the expertise of the 12 members having expertise in various fields.

Additional public prosecutor

Geeta Shastri for the state informed the court that as the governor could not be expected to respond, the secretary to the governor should be added as a respondent. The court agreed and directed the petitioner to carry out amendment in the PIL.

The court then refused to allow advocate Satish Talekar, who has filed two separate petitions opposing the list of 12 members suggested by the council of ministers, to make submissions and observed, “The governor has to approve or reject the list and cannot sit on it and let it lie in his drawer.”

The bench then directed the state to file an affidavit in response to the PIL within two weeks.