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Synopsis

The Maharashtra government has told the Bombay High Court that just because there was a delay on part of the Governor to decide on the 12 MLC nominated the MVA government does not disentitle the council of ministers of the Eknath Shinde government to withdraw the recommendations made by MVA government.

“The allegation of the Petitioner that there was a delay on the part of the Hon'ble Governor in taking a decision does not in any manner disentitle the Council of Ministers to exercise its rights to withdraw the recommendations earlier made,” the affidavit stated.

The response was filed by the State government through an affidavit in a Public Interest Litigation filed by one Sunil Modi challenging the decision of Former Governor Bhagat Singh Koshyari to withdraw the names of 12 Members of Legislative Council (MLC) recommended by the previous Maha Vikas Aghadi (MVA) government.

The affidavit filed by the state government through its secretary further stated that the advice of the council of ministers cannot be subjected to judicial scrutiny.

“I further submit that the question as to what advice was given by the Council of Ministers and on what basis is not open to judicial scrutiny,” the affidavit reads.

The PIL filed by Sunil Modi was earlier heard by the high court on August 1 when the bench asked the state to file a reply to the plea.

The previous government, led by Former Chief Minister of Maharashtra Uddhav Thackeray, had nominated these 12 members as MLCs in November 2020. However, the appointments were not made by the then-governor.

The new government, led by Eknath Shinde, decided to withdraw the names of the 12 nominated MLCs, a decision that was accepted by the then Governor, Bhagat Singh Koshiyari.

The PIL contended that the Governor had engaged in an "illegal pocket veto" by refusing to act on the nominations made to the Legislative Council by the Council of Ministers for an unreasonably long period of 1 year and 10 months. This prolonged delay allowed the subsequent government (Shinde Government) to withdraw the nominations made to the Legislative Council, which, according to the PIL, is not permissible under the constitutional scheme.

The PIL not only seeks to quash and set aside the Governor's decision from September 2022 but also requests the court to direct the Governor to either nominate the 12 members recommended for the Legislative Council on November 6, 2020 or provide reasons for the refusal.

Case title: Sunil Modi vs State of Maharashtra