MUMBAI: During hearing a PIL on state government nominations for 12 MLCs pending with the governor’s office for 13 months, the Bombay high court was told on Friday by the petitioner: “There is no reason why the governor should not act on the aid and advice of the council of ministers.’’
Senior counsel Rafique Dada, appearing for the state, added: “The governor has no choice but to accept the aid and advice of the council of ministers in nominating the 12 Members of Legislative Council (MLC) whose posts have been lying vacant since June 2020.”
With constitutional questions being raised, the Centre wanted to make a point. The HC directed the Centre to be made party to the PIL and will hear it on Monday.
One of the issues, the court said, is whether under the Constitutional provisions and rules of business, “any discretion is available to the governor not to nominate members of the Maharashtra legislative council on the aid and advice of the council of ministers”?
In his PIL, Ratan Soli Luth has sought that the failure of Governor B S Koshyari to nominate be declared a breach of his constitutional duties and obligations. Luth’s counsel Aspi Chinoy submitted that the governor has to act on the advice of the ministers.
It is a mandate of the constitution that all these nominated MLC have to be part of the upper House, said Dada. Ruth’s PIL said by failing to act on such nomination, the legislative council as well as the citizens of Maharashtra are deprived of such nominated councillors who have special knowledge and experience in fields of literature, science, art, cooperative movement and social service.
The PIL delves into the Constitutional power and duties of the governor and several HC and SC rulings were cited.
