Mumbai: While dismissing the petition by a former Shiv Sena (UBT) corporator Sunil Modi, the Bombay High Court expressed as “quite disturbing” the Governor’s inaction of not taking decision on recommendation of appointment of 12 MLCs despite the court’s earlier order in 2021. The court, however, held that the withdrawal of the list was legally valid.
A bench of Chief Justice DK Upadhyaya and Justice Amit Borkar, on Thursday, dismissed Modi’s PIL challenging the withdrawal of a list of 12 MLC nominees sent to the Governor by the then MVA government in 2020, observing that it is “misconceived”.
In a detailed order copy made available on Friday, the HC said: “It is quite disturbing to note that despite the judgment of this Court in the earlier PIL petition rendered on 13th August 2021, Hon’ble the Governor did not take any decision on the earlier recommendations made by the Council of Ministers on 6th November 2020.”
However, it added that the fact remains that on the said recommendations or the advice tendered by the Council of Ministers, the decision was not taken and accordingly, no order based on any such decision could be issued in terms of the provisions as contained in Article 166 of the Constitution of India.
The court held that the Council of Ministers was entitled to withdraw its recommendations as no decision had been taken. It stated: “The process initiated with the recommendations made and advice tendered by the Council of Ministers on 6th November 2020 could not reach its final destination and accordingly, in the midst of such decision-making process, in our opinion, it was well within the authority of the Council of Ministers to withdraw the earlier recommendations.”
Modi’s plea sought directions for the Governor to either nominate the 12 candidates as recommended by the Council of Ministers on November 6, 2020, or return the recommendations with reasons. The court, however, upheld the State Cabinet’s decision to withdraw the recommendations, noting it was within its authority.
The court pointed out contradictions in the petitioner’s arguments, noting that Modi claimed the Governor should have exercised his discretion on the 2020 recommendations while also asserting that the withdrawal of the same was unlawful. “The argument of the petitioner, thus, manifests contradiction,” the bench remarked.
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).
Subsequently, the cabinet sent a fresh list of seven MLCs for the 12 vacant posts under the Governor’s quota, which was approved by the Governor. The MLCs were sworn-in in October 2024, just hours before the Model Code of Conduct (MCC) for the Maharashtra Assembly elections kicked in.
