Bombay High Court On Maharashtra Legislative Council Nomination: “Can’t Order Governor But…”:


'Can't Order Governor But...': Bombay High Court On Legislative Council

The Maharashtra Governor has stored the proposal pending for eight months (File)


The seats within the legislative council “cannot be kept vacant indefinitely”, famous the Bombay High Court nudging the Maharashtra Governor and the Chief Minister to debate the problem of nominating members to the council – underlining {that a} delay of eight months in deciding the problem is past cheap time.

The Maharashtra authorities had moved court docket over the Governor delaying the problem of nominating 12 members to the legislative council.

“This court cannot issue orders to the Governor but it hopes that the Governor will decide on the matter soon,” stated the Bombay High Court.

“If there is an issue with any of the names then the Governor and Chief Minister must discuss the issue,” the court docket added.

The obligation of the Governor to simply accept or return the advice, the High Court stated, by the state council of ministers needs to be discharged inside an affordable time. The bench stated the seats within the state council “cannot be kept vacant indefinitely”.

The court docket stated that whereas the Governor might need real causes to not convey his resolution earlier, the problem needs to be resolved on the earliest. “Whatever be the reason, it is time that the impasse is resolved… Eight months seems to be beyond reasonable time,” the bench stated.

The Maharashtra authorities had advised the Bombay High Court that it despatched to the Governor a listing with names of 12 individuals to be nominated to the Legislative Council eight months in the past.

The authorities’s affidavit stated the ability of the Governor to make these nominations doesn’t fall within the class of the ‘discretionary powers’ conferred on the occupant of the highest constitutional workplace.

The Maharashtra Governor, Bhagat Singh Koshyari, has stored the proposal of the cupboard pending up to now and never taken any resolution on the matter.

“He must decide it either way. There is something he has to do. He can’t keep it in his drawer, not to see the light of day,” the court docket had noticed throughout the listening to earlier.

Sources say actor-turned-politician Urmila Matondkar, Congress chief Sachin Sawant are among the many twelve names within the record despatched to the Governor.


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