Plea in Bombay HC challenges Shinde govt move to stay, cancel MVA orders

A writ petition filed by four pensioners namely Kishore Gajbhiye, Ramhari Shinde, Jagannath Abhyankar, and Kishore Medhe, and social activist Sanjay Lakhe Patil claimed that the communications issued by present government to its departments to stay various projects, schemes and works approved by the previous government were without any standing. The petition, filed through the firm Talekar & Associates, claimed that the concerned communications issued by Shinde government were unconstitutional as well as against the conduct of business rules framed under Article 166 of the Constitution of India as the same could not have been issued in the absence of duly constituted Council of Ministers or Cabinet.

The plea stated that the impugned communication also included cancellation of petitioners’ appointment to the Maharashtra State Scheduled Castes and Scheduled Tribes Commission. It added that the decision of the present CM to stay schemes which are in the interest of Scheduled Castes, Tribes and Backward Classes was “arbitrary, unwise and politically motivated”.

It added that as per Article 164 (1A) of the Constitution of India, there shall be no less than 12 ministers to constitute a Council of Ministers and in present case, there are just two persons including CM and Deputy CM and no other ministers appointed yet.

“In absence of duly constituted Council of Ministers, government ought not to have taken such major decisions of staying the developmental projects and cancellation of appointments.. particularly when such decisions were underway and partly implemented,” the plea stated. The plea sought the impugned communications be quashed and set aside and pending hearing of the plea, their implementation be stayed. The HC is likely to hear the plea Wednesday.