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Bombay High Court on Friday held that it is the constitutional duty of Governor to accept or return within a reasonable time, the recommendations sent to him by Council of Ministers for nominations of the 12 members to the State Legislative Council.

Court said that if that were not done, the statutory intent regarding the same will be defeated.

"it is mature governance between the Centre and State, that should there be misunderstanding between the two, and minor disagreements those ought to be resolved between the Chief Minister and the Governor. The same have to be made known to each other," the court said.

Court was hearing a plea for intervention in Maharashtra Governor Bhagat Singh Koshiyari's inaction to nominate the twelve members recommended by the Maharashtra Council of Ministers to the State Legislative Council.

A bench of Chief Justice Dipankar Datta and Justice GS Kulkarni stated,

"there is an obligation on the Governor to accept or return the recommendations as part of the advice from the State Council of Ministers within a reasonable time, or else the statutory intent will be defeated".
Court held that the of the legislative council cannot be vacant indefinitely, expressing hope that the Governor will communicate Maharashtra's Chief Minister Uddhav Thackeray, his opinion on the nominations recommended to him by the Council and take a decision on this matter at the earliest. 

"What would be reasonable time depends on individual case and 8 months time as in the present case is a sufficient time to come to a decision," the Court dictated in its order. 

Case Title: Ratan Soli Luth v. State of Maharashtra & Anr.