MUMBAI: The Bombay High Court has asked the petitioners to implead the Union of India as a party in a PIL challenging the inaction of the Governor, Bhagat Singh Koshayri, to nominate members to Maharashtra’s Legislative Council (MLC), despite the 12 names submitted by the Council of Ministers on November 6, 2020.A division bench of Chief Justice Dipankar Datta and Justice GS Kulkarni said since an important constitutional issue is involved, they would like to be addressed by the Centre on Monday.
The central issue before the court is whether the Governor has any such discretion not to nominate members to the Legislative Council as recommended by the Council of Ministers.
“Whether in terms of the provisions of clause (3) (e) and clause 5 of Article 171 of the Constitution read with Article 163 thereof or the Rules of Business framed under clause (3) of Article 166 of the Constitution, any discretion is available to the Governor not to nominate members of the Maharashtra Legislative Council on the aid and advice of the Council of Ministers?”
The Supreme Court on Friday dismissed a plea seeking a direction to the Governor of Maharashtra to frame criteria for the purpose of nomination to the Legislative Council of the State, in terms of Article 171 of the Constitution. The High Court continued hearing the petition on Friday, after it was satisfied that the prayers were different in the two PILs.