The Bombay High Court bench of Justices Shahrukh Kathawalla and Surendra Tawade on Friday ordered the Maharashtra government and the secretary to the state Governor Bhagatsingh Koshyari to file an affidavit spelling out as to by when would the proposal of the state's council of ministers to nominate 12 members to the state legislative council, would be decided. The HC said the Governor will have to decide the proposal either way.
"He (Governor) will have to decide the recommendation either way. He will either have to accept it or reject. But he cannot keep it in his drawer to never see the light of the day," Justice Kathawalla remarked while posting the matter for hearing on June 9.
The bench was seized with a Public Interest Litigation (PIL) filed through advocate Gaurav Srivastav seeking a directive to the authorities to decide the recommendation expeditiously.
Srivastav told the judges that the state's council of ministers had recommended names of 12 members to be nominated by Governor Koshyari as per the provisions of Constitution of India. This recommendation, the advocate said was made way back in November 2020 and is still pending before the Governor.
"This is because of the tussle between the Union and the state government," the counsel argued. He further argued that this action of the Governor is arbitrary and unconstitutional.
Additional Government Pleader Geeta Shastri told the bench that she would seek instructions, however, the bench ordered her to file an affidavit explaining by when would the decision be taken on the recommendation.
Matter to be next heard on June 9.
