New Delhi: Maharashtra’s Shiv Sena-led ruling coalition is anxiously waiting for governor Bhagat Singh Koshyari’s decision on the state cabinet’s recommendation to nominate chief minister Uddhav Thackeray as a legislative council member. Thackeray needs to become a member of either houses of the state assembly before May 28, when he completes six months as chief minister, to remain in office.
Koshyari is consulting legal experts given the tenure of the nominated seat for which Thackeray’s name has been proposed ends on June 6, which is less than the one-year norm for filling such seats, while all polls have been deferred in view of the Covid-19 pandemic.
The Representation of the People Act (RPA) mandates filling of vacancies in Parliament and state legislatures through bye-elections within six months from the date of occurrence of the vacancy, provided that the remainder of the term in relation to a vacancy is one year or more.
The cabinet sent the recommendation to Koshyari on April 11 to nominate Thackeray as a member of the legislation council (MLC) from the governor’s quota after the Election Commission (EC) deferred all polls in view of the Covid-19 pandemic that has prompted a nationwide lockdown since March 25.
The governor can nominate anyone with “special knowledge or practical experience in literature, science, art, cooperative movement and social service” as an MLC under Constitution’s Article 171. There are two vacancies under this quota following the resignations of two members last year.
The Bombay high court dismissed a petition last week seeking a stay on the state cabinet’s recommendation, saying the governor had the power to take a decision on it.
Thackeray was sworn in on November 28 last year as the head of the coalition government of the Shiv Sena, Nationalist Congress Party (NCP) and the Congress.
The opposition Bharatiya Janata Party (BJP) has maintained that it is not against Thackeray’s nomination but insisted that he should have contested the election earlier. Maharashtra BJP chief Chandrakant Patil said it did not look good to “pressurise” the governor amid the coronavirus crisis.
The Congress and the NCP have urged the governor to accept the state cabinet’s recommendation and avoid a Constitutional crisis in the state, which is the worst-affected by the pandemic in the country.
A Shiv Sena leader said the party is planning to move the Supreme Court if the governor does not take a call till May 15. “Our argument is clear. The country is going through extraordinary times in view of Covid-19 pandemic that has also led to the indefinite postponement of all the polls. While the EC is not holding the polls, the governor is not accepting the state cabinet’s recommendation. This is unfair,” he said on condition of anonymity.
Shiv Sena leader Sanjay Raut has questioned the delay in the governor’s decision. “Koshyari’s affiliation with the BJP is not a secret, but this is not the time to indulge in politics.”
Political analyst Abhay Deshpande said the governor should accept the cabinet’s recommendation because of the extraordinary situation in the country. “There are no hard and fast rules. It is entirely governor’s discretion. If he does not accept the recommendation, there will be political ramifications.”
Deshpande said a delay in the decision could backfire on the BJP given that Thackeray has since gained huge popularity and sympathy due to his handling of the Covid-19 crisis. “The situation has changed since the time Uddhav ditched the BJP. There was not much sympathy with him that time. But his handling of the Covid-19 crisis has earned him praises from all quarters.”
A BJP functionary said it is too soon to speculate. “Let the governor announce his decision after consulting legal experts,” he said. “There is no question of party politics here. The governor will take a call based on legal advice. But the Sena should have been aware of the provision [Article 164(4)] of the Constitution that allows a non-legislator to occupy a position in the council of ministers only for six months. They should have planned for it.”
