Bombay HC directs Maha govt to respond on PIL against withdrawal of MLC nominations

Bombay High Court  directed the Maharashtra government to respond to a public interest litigation challenging then-Governor Bhagat Singh Koshyari's decision of September 5, 2022 accepting the withdrawal of the 12 MLC nominations recommended by the Maha Vikas Aghadi (MVA) dispensation in November 2020.

A division bench of Chief Justice D K Upadhyaya and Justice Arif Doctor, after giving the direction to Advocate General Birendra Saraf, said it would next hear the PIL on August 21. The then-Uddhav Thackeray-led MVA government had sent a list recommending 12 names to Koshyari for nomination as Members of Legislative Council (MLCs) from the Governor's quota in November 2020. However, no decision was taken by the Governor on the list.

Ratan Soli Luth filed a PIL, which the High Court dismissed on August 13, 2021. The bench, which was chaired by the then Chief Justice Dipankar Datta, stated that it is desirable that the 12 nominations be decided upon as soon as possible because more than eight months had already gone. The bench had further stated that seats in the cannot be kept vacant indefinitely and that the governor was required to accept or reject suggestions made by the Cabinet within a reasonable time.

After the government changed in 2022 and Eknath Sinde took over as the State Chief Minister. The new cabinet reportedly wrote to the Governor that they were withdrawing the pending list of 12 names submitted by the earlier government. On September 5, 2022, the Governor accepted the same and the list was returned to the Chief Minister’s Office (CMO).