Names for MLC nominations sent to Governor 8 months ago but no call on them yet: Maha govt to Bombay HC

The Maharashtra government on Monday told the Bombay High Court that in November 2020 it had submitted to the state Governor the names of 12 persons to be nominated as members of the Legislative Council but he is yet to take a decision on the sameThe state government in its affidavit said the Chief Minister with the aid and advice of the Council of Ministers had submitted to the Governor in November 2020 a list of 12 persons recommended to be nominated as MLCs at the earliestThese nominations to the Upper House of the legislature are to be made under the Governors quotaThe affidavit was submitted in response to a public interest litigation filed by a Nashik resident Ratan Luth who said that the Governor was in breach of his constitutional obligation as he has till date not nominated these persons as members of the councilLuths counsel Aspi Chinoy on Monday told a division bench of Chief Justice Dipankar Datta and Justice G S Kulkarni that eight months have passed since the government submitted the list of 12 names to the GovernorThe petitioner is 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 Chinoy arguedThe state government in its affidavit said the power of the Governor to make these nominations does not fall in the category of the discretionary powers conferred on the occupant of the top constitutional officeThe Governor has to exercise this power of nomination strictly in accordance with the aid and advice of the Council of Ministers the affidavit saidIt said that on November 6 2020 the Maharashtra CM with the aid and advice of the Council of Ministers had submitted the names and details of 12 individuals to be nominated as MLCsIt has been specifically submitted in the said communication that in the larger public interest and from the point of view of healthy democracy as also the rich traditions that are meticulously observed in this regard it was necessary to fill in these 12 vacant positions at the earliest the affidavit saidIt added that the Governor was requested to complete the process of nominating the 12 persons as MLCs at the earliest and at the most within 15 daysHowever till date the Honble Governor has not respected the aid and advice of the Council of Ministers and the Governor has not yet acted on the aid and advice of the Council of Ministers the government saidThe affidavit said so far the government has not received any communication from the office of the Governor on this issueThe bench said it would continue hearing the matter on July 16Under Article 1715 of the Constitution those nominated shall consist of persons having special knowledge or practical experience in respect of matters such as literature science art and social serviceIn the past Maha Vikas Aghadi allies Shiv Sena and the NCP have criticised Governor Bhagat Singh Koshyari over the delay in acting on recommendation over the nominationsThis story has been sourced from a third party syndicated feed agencies Midday accepts no responsibility or liability for its dependability trustworthiness reliability and data of the text Midday managementmiddaycom reserves the sole right to alter delete or remove without notice the content in its absolute discretion for any reason whatsoever