CAN GUV EXERCISE DISCRETION, HC ASKS CENTRE

MUMBAI: The Bombay high court (HC) on Friday sought presence of the Solicitor General of India to assist it in a case which seeks a declaration of the court that the inaction by Maharashtra Governor Bhagat Singh Koshyari in not nominating 12 members of Legislative council (MLC) whose names were suggested by the council of ministers was illegal.

The court was prompted to seek assistance of the Centre after it was informed that as per the Constitution and the Government Business Rules, the governor was bound to take a decision on the list of candidates either way but he had failed to do so. The Centre is expected to clarify if the governor is duty bound by the proposal or can exercise his discretion.

The division bench of chief justice Dipankar Datta and justice Girish Kulkarni, while hearing the public interest litigation (PIL) filed by Nashik resident Ratan Soli Luth, was informed by senior counsel Rafiq Dada, for the state, that the governor could not use his discretion and had to accept the recommendation by the council of ministers.

The bench observed that the petition could have some repercussions on other provisions of the Constitution, and therefore, it wanted the Central government to address the question as to whether any discretion was available to the governor not to nominate MLCS on the aid and advice of council of ministers.

The bench allowed the petitioner to make the Central government a party to the case and posted further hearing of the PIL on July 19.