In a significant development that put Maharashtra Governor Bhagat Singh Koshyari in a spot of bother, the Bombay High Court on Friday asked the Centre to file its response by July 19 over his “inaction” in deciding on the Maharashtra Government’s recommendation to nominate 12 members to the State Legislative Council, during the last eight months.
Hearing a PIL seeking its intervention over the Governor’s “inaction” in taking a decision on the recommendation made by the Maharashtra government on November 6, 2020, a HC bench of Chief Justice Dipankar Datta and Justice G S Kulkarni posed two specific questions to the Centre and asked it to file its say by Monday (July 19).
The two questions that the HC bench posed to the Centre were: Did the Governor have a right to remain silent in his discretion when it is his duty to fill up all the members of the legislature? In the event there was inaction by the Governor, could that be challenged before a constitutional Court? The HC bench will now hear the PIL on Monday.
Earlier, appearing for the petitioner Ratan Soli Luth, Advocate Aspi Chinoy said that though the Governor cannot be made a party to the case, his actions or inactions were subject to judicial review.
On his part, Senior Advocate Rafique Dada, representing the Maharashtra government, told the court that the Governor had two options before him – either accept or reject such a recommendation made by the State Government and that there was no third option available for him.
“The Governor has received the nominations from the channel he has formulated in the Rules of Business. He cannot just sit tight on the file. It has been a year since the posts (MLCs) fell vacant. The mandate of the law is that he is required to act on the advice of the council of ministers< Rafique Dada told the court.
Rafique Dada went onto cite the Maharashtra Government Rules of Business and Instructions which was formulated by the Governor of Maharashtra and contained instructions. He told the court that owing to the “inaction” of the Governor, specific offices in the legislature were lying vacant for over a year.
“Can this vacuum continue for more than 13-14 months, can the Courts not intervene for filling up the posts? Is there anything in this case that the normal rule ought not to be followed? Is complete inaction open to the Governor?”,” the state government’s counsel asked the HC bench.
It may be recalled that the high court had on May 22, 2021 issued a notice to the Governor demanding to know as to when he would decide on the recommendation of the State Government for nomination of 12 members to the State Legislative Council.
The HC bench of Justices SJ Kathawalla and SP Tavade had asked Koshyari as to why he had not so far taken a decision on state’s government’s recommendation.
The HC bench had also directed that the Secretary of the Governor be made a respondent in the case and asked the latter to file his say in the matter by June 9 when the case would be heard next.
“We direct respondents to file an affidavit in reply setting out reasons for not acting on the representation submitted to the Hon'ble Governor of Maharashtra by the Council of Ministers for nomination to the Maharashtra Legislative Council under Article 171 (2) (e) and 171 (5) of the Constitution of India, and by what time the submission of the council of ministers, November 6, 2020, will be considered and disposed of,” the HC bench had said in its order.
“He (the Governor) must decide it either way. This is something he has to do. He can't keep it in his drawer, not to see the light of day.” Justice Kathawalla had said.
Interestingly, Bollywood actress Urmila Matondekar is one of the 12 persons in the State Legislative Council that have been recommended from the fields of Literature, Science, Arts, Cooperative sector and Social service, for nomination by the Governor as MLCs.