Bombay High Court Upholds Governor's Decision Amidst Assembly Election Tensions

The Bombay High Court dismissed a PIL filed by Shiv Sena UBT against former Governor Bhagat Singh Koshiyari, who halted the nomination of 12 Maharashtra Legislative Council members. The issue, dating back to 2020, involves legal debates on gubernatorial roles and recent nominations before state elections.

The Bombay High Court delivered its verdict on Thursday, dismissing a public interest litigation (PIL) filed by Shiv Sena UBT. This case contested the decision by former Governor Bhagat Singh Koshiyari to halt the appointment of 12 members to the Maharashtra Legislative Council.

The controversy originated in November 2020, during the tenure of the Maha Vikas Aghadi (MVA) government, when then-Chief Minister Uddhav Thackeray recommended 12 nominees for the council. Koshiyari's inaction on these recommendations sparked allegations of an 'illegal pocket veto.'

The matter intensified in 2022 when Chief Minister Eknath Shinde's new cabinet withdrew the pending list of nominees. A fresh PIL was filed by Sunil Modi, challenging both the Governor's inaction and the subsequent withdrawal of nominations by the new cabinet.

Chief Justice Devendra Kumar Upadhyaya and Justice Amit Borkar led the court in examining the Governor's role in these nominations, focusing on potential differences in decisions across various cabinets. As elections approached, Governor CP Radhakrishnan approved seven new MLCs, prompting further legal challenges by Modi, who argued that such approval should not occur with the court's judgment pending.

Importantly, under Article 171 (5) of the Constitution, nominated MLCs are required to be individuals from specialized backgrounds, such as science, sports, art, and culture.

(With inputs from agencies.)