The Bombay High Court on Friday refused to issue directions to Maharashtra Governor Bhagat Singh Koshyari for taking a decision on the 12 names recommended by the Uddhav Thackeray government for nomination as MLCs. But the high court expressing displeasure said Governor Koshyari has a “constitutional obligation” to decide the matter.
Dismissing a petition over “inaction” of Governor Koshyari, the Bombay High 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.”
Earlier, the Uddhav Thackeray government had sent a list of 12 members to be nominated to the State Legislative Council. However, Governor Koshyari has neither accepted nor rejected the recommendation in eight months.
It was with this issue that petitioner Ratan Soli Luth had approached the Bombay High Court. Advocate Aspi Chinoy arguing for Luth, told the court, “We are not on who should be appointed. We are only asking for a decision to be taken. Although the governor is not open to judicial orders, his actions or inactions are open to judicial orders.”
“If the governors or the President do not act, will it not lead to a breakdown in machinery? That is why a direction is needed for the governor to act.”
The Bombay High Court bench of Chief Justice Datta and Justice GS Kulkarni had reserved their order on the PIL on July 19.
NCP chief spokesman Nawab Malik said after the High Court directives hope the governor Bhagat Singh Koshari will act and make an appointment of 12 names and MLC soon. The governor is a constitutional post that has to function as per norms, not will of anyone