Maha govt delays case on MLC nomination, again

First India Bureau

Mumbai: Eyebrows are being raised over a series of adjournments sought by the state government, led by CM Eknath Shinde, in a sensitive case pertaining to Governor’s nominees on the Maharashtra legislative council (MLC).

When a special leave petition filed by Nashikbased Ratan Soli Luth came for hearing before the Supreme Court bench comprising Justices K M Joseph and B V Nagarathna, it was adjourned for two weeks following an ap- plication submitted by state government’s counsel. It was submitted that the state government is seeking an adjournment for two weeks for obtaining instructions from the concerned department as well as for filing counter affidavit. Significantly, Luth on December 9, 2022, moved an application for withdrawal, while Kolhapurbased Shiv Sena activist Sunil Modi filed an intervention application, against Luth’s plea.

When there was prolonged delay in the appointment of experts on the legislative council, Luth had filed a PIL before the HC, saying as per the provisions of the Constitution, Governor must take a decision on the recommendation of the cabinet. In a brief order, the HC made two observations, Governor take a decision in a reasonable time and that it can issue directions to the Governor. Following the HC order, Luth filed a special leave petition before the Supreme Court, which heard it on September 26, 2022.

Further, the court directed that no steps shall be taken in respect of vacancies which were sought to be filled up based on nomination dated November 7, 2020, which is the subject matter of litigation. For the Shinde-Fadnavis government, the nomination of 12 persons on the legislative council is of political significance. Only if they are appointed can the BJP can have its nominee as chairman.