The Bombay High Court on Wednesday refused to restrain Maharashtra government with regard to its action wherein it stayed or cancelled nine circulars appointing officers or developmental projects undertaken by the erstwhile Uddhav Thackeray-led Maharashtra Vikas Aghadi (MVA) government.
A division bench of Justices SV Gangapurwala and SM Modak while granting time to the government to file its reply to a petition filed by five persons challenging the action of staying or cancelling appointments and developmental projects approved by the MVA government.
Advocates for the petitioners — Satish Talekar and Madhvi Talekar — argued that CM Shinde and Deputy Chief Minister Devendra Fadnavis-led government has issued four resolutions between July 20 and July 25 cancelling orders passed by the previous MVA government.
"The impugned resolutions are without jurisdiction and the Chief Minister (Eknath Shinde) is not empowered to stay or nullify the decisions of the earlier government, which were lawfully taken," the plea said seeking quashing of these resolutions.
Talekar argued that there was urgency saying that as soon as the new CM was sworn in, he decided to change all committees and whatever administrative decisions were taken by the previous government. Also, projects worth of thousands of crore of rupees have been stayed.
Petitioners are members of the SC/ST commission and apprehend that they too would be removed from their posts. The new guardian ministers would be appointed who would to appoint his people on these committees and commissions, said Talekar.
“Let me point out that 197 members have been removed. They have passed an order staying 12 GRs which was for schemes,” argued Talekar.
Justice Gangapurwala noted that they would look into the issue pertaining to the petitioners only and not into the government’s actions in all the recent circulars.
Additional government pleader PP Kakade sought time to file reply.
To this, the court said that they would like to see the reasoning given by the government for its action.
Talekar sought that the court direct the government to maintain status quo (keep things as it is).
However, the judges refused to pass order observing: “Status quo on what? You are before us now.”
The HC has kept the petition for hearing on August 17.
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