MUMBAI: The Bombay High Court on Friday expressed displeasure over Maharashtra Governor Bhagat Singh Koshyari for not acting on the 12 names recommended by the Uddhav Thackeray government for nomination as MLCs. The court said the governor has a constitutional obligation to act, but refused to issue a direction.
Dismissing a petition against Governor Koshyari over the matter, the court said, “directions could not be given to the Governor under Article 361 of the Constitution, it hoped that things would be set right at an early date. Governor has to act on the advice of the council of ministers. The obligation that the constitution rests on the governor to either accept or return the recommendations as made by the Council of Ministers has to be discharged within a reasonable time.”
The court further said, “The appointment seats of the members in the legislative council who are required to be nominated by the Governor cannot be kept vacant indefinitely without there being a justifiable cause. The eight-month period is beyond a reasonable time. Looking at the gravity of the situation, the posts need to fill up expeditiously.”
The court said, “We express hope and trust that things will be set right at an early date. If the saying that everything happens for a reason is to be believed, this court ought to assume there were genuine reasons for the governor not to convey his reasons earlier.”
“Whatever be the nature thereof, however, it is time the impasse is resolved. It is mature and responsible governance both at the central as well as in the states that the people look up to.” “Should there be any misunderstanding or miscommunication between two constitutional authorities or functionaries, then the right direction has to be followed.” About eight months ago, Uddhav Thackeray –led state government had sent a list of 12 members to be nominated to the State Legislative Council.