Bombay HC refuses to quash ‘morally incorrect’ appointment of ministers

The division bench also noted that after the Lok Sabha elections held this year, the BJP got majority votes which might have inspired leaders from other political parties to join the party.
Bombay High Court (File | PTI)
Bombay High Court (File | PTI)

MUMBAI: In a big relief to the newly appointed ministers in Maharashtra Cabinet, the Bombay High Court on Friday refused to quash their appointments, but said such appointments made for political gains was not morally correct.

The division bench of Justices S C Dharmadhikari and G S Patel dismissed petition filed by Adv S B Talekar challenging the appointment of Congress leader and leader of opposition in the state legislative assembly Radhakrishna Vikhe Patil, NCP-turned Shiv Sena leader Jaydutt Kshirsagar and RPI (A) leader Avinash Mahatekar as ministers in the government led by Devendra Fadnavis in the state.

It also noted in its judgment noted that after the Lok Sabha elections held this year, the BJP got majority votes which might have inspired leaders from other political parties to join the party.

“The ministers have been inducted in the state assembly merely for political gains and convenience. We do not endorse this. What has been done may strictly not be morally correct and may have been a political plot but we cannot hold that the ministers defected and are disqualified,” the court said.

All the three ministers were inducted in the Fadnavis cabinet in the month of June.

Petition to Postpone Elections

Meanwhile, in separate public interest litigation filed at the Bombay High Court, the petitioners requested the assembly polls be postponed as around 40 per cent of the electorate in the state are affected by the floods. 

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