MUMBAI: Maharashtra Governor Bhagat Singh Koshyari has sought legal advice after the state Cabinet recently recommended Chief Minister Uddhav Thackeray’s name as a member of the Legislative Council from the governor’s quota of nominated members.
Thackeray is not a member of either of the two houses of the state legislature.
As per the Constitution, a minister or a chief minister who is not a member of either of the houses has to be elected to either of the houses within six months of being sworn into the post, failing which the person must resign.
Thackeray was sworn in as chief minister on November 28, 2019, and completes six months in office on May 28, 2020.
“The governor has sought the legal opinion over the recommendation of the Maharashtra Cabinet appointing Thackeray as a member of the Upper House,” said sources in the Governor’s House.
The source added the two vacant posts of the Upper House will be expired in the next three months.
“So, the governor wants to know whether these two posts, which come under his quota, can be filled in mid-way or not,” the source added.
Other sources in the Maha Vikas Aghadi government, however, said the governor may delay the decision, but he will have to approve it eventually.
“Rejecting Thackeray’s name by the governor means taking permanent animosity with him. That, the BJP cannot afford to do in long-term politics,” said a senior Shiv Sena leader on condition of anonymity.
Maharashtra Deputy Chief Minister Ajit Pawar had recently held a Cabinet meeting where they recommended Thackeray’s name as a member of the upper house of the legislature.