The ball has now reached the court of Governor Bhagat Singh Koshyari on the issue of Maharashtra Chief Minister Uddhav Thackeray retaining the post of CM. A BJP worker had filed a petition in the Bombay High Court opposing the recommendation of the state cabinet to nominate Thackeray as a member of the Governor's quota in the Legislative Council. On this, the High Court adjourned the petition saying that the Governor should decide on the validity of the recommendation of the State Cabinet. Now the Governor will decide whether to grant Uddhav Thackeray as a nominated member from his quota in the Legislative Council.
Uddhav Thackeray, who was sworn in as the Chief Minister of Maharashtra on November 28 last year, is not currently a member of any House in the Maharashtra Legislative Assembly. Under constitutional rules, he has to take membership of the Legislative Assembly or Legislative Council before 28 May. But all kinds of elections have been postponed due to the Coronavirus epidemic in the country. For this reason, the state cabinet on April 9 recommended Uddhav to be elected as a member of the Legislative Council from Governor Kota.
Article 171 gives power to the Governor
Under Article 171 of the Constitution, the Governor is empowered to make people nominated members in the State Legislative Council. Under this, the governor can nominate people who have earned a special name in literature, art, cooperative movement or social service. At present, two seats of Governor Kota are vacant in the State Legislative Council. Both these seats were vacant after one member each of NCP and BJP won the assembly elections.
NCP has staked a claim on Governor's quota
Sharad Pawar-led NCP has staked a claim on both the vacant Governor Kota seats in the Legislative Council earlier this year. The Maharashtra government led by Thackeray includes Shiv Sena and Congress as well as NCP. The NCP had also sent two names for both seats to the Governor. Although Governor Koshyari rejected the NCP's demand, saying that the tenure of both the seats ends in June, there is no need for an immediate appointment.
Such a case has come up in Uttar Pradesh
A similar situation has arisen in Uttar Pradesh as well when after Chandrabhan Gupta became the Chief Minister in 1961, the Governor nominated him to the Legislative Council from his quota. The Governor's decision was upheld by the Supreme Court and Gupta retained the Chief Minister's post. The apex court had said in its judgment that Gupta had been a part of active politics for years and had enough social service experience. As a result, he is fully qualified to nominate a member of the Legislative Council.
What are the options before Uddhav
Maharashtra government may request Election Commission to conduct biennial elections on 9 Legislative Council seats before May 27
The state government may request the Governor to take a decision on the cabinet recommendation of April 9 at the earliest.
The state government can go to the High Court or the Supreme Court to issue clear instructions to the Governor on this recommendation.
The state government can refer to the earlier decisions of the Supreme Court, in which the cabinet recommendations are considered mandatory for the Governor.
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