Bombay HC Declines Shiv Sena (UTB) Leader’s PIL Regarding Withdrawl Of 12 MLCs Nominations

The Bombay High Court on Thursday rejected a public interest litigation (PIL) filed by Shiv Sena UBT challenging the decision of then-Governor Bhagat Singh Koshyari to withhold the appointment of 12 nominated members to the Maharashtra Legislative Council (MLC).

The controversy dates back to November 2020 when the Maha Vikas Aghadi (MVA) government, led by former Chief Minister Uddhav Thackeray, proposed a list of 12 nominees for MLC seats under Article 171(5) of the Constitution, which stipulates that nominated members should have expertise in fields such as science, sports, art, or culture.

Despite repeated follow-ups, Governor Koshyari did not act on the list, sparking accusations of exercising an “illegal pocket veto.”

In 2022, after the MVA government fell, the new cabinet under Chief Minister Eknath Shinde withdrew the pending nominations, replacing them with a fresh list. This prompted Sunil Modi to file a PIL, arguing that the Governor’s prolonged inaction was unconstitutional and that the Shinde-led government’s withdrawal of the nominations overstepped legal boundaries.

The court, comprising Chief Justice Devendra Kumar Upadhyaya and Justice Amit Borkar, focused on key constitutional questions, including whether a Governor’s inaction in processing cabinet recommendations can be challenged and whether successive cabinets can alter pending decisions made by their predecessors.

Meanwhile, Maharashtra Governor CP Radhakrishnan approved a new list of seven MLCs just before the announcement of the state assembly elections, which led to additional legal objections by Modi. He argued that such an approval during the pendency of a court judgment was improper.

In dismissing the PIL, the court upheld the Governor’s authority and the cabinet’s right to withdraw recommendations, effectively validating the current government’s stance. This decision closes a contentious chapter in Maharashtra’s political landscape while underscoring the Governor’s discretionary powers in legislative nominations.

The legal tussle also raises broader questions about the interpretation of Article 171(5) of the Constitution and the criteria for nominating MLCs, as it mandates nominees to possess specialized expertise in various fields.

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