Bombay HC Finds Governor’s Inaction on MLC Recommendations Disturbing
The Bombay High Court criticized the Governor for not acting on 12 MLC recommendations despite a previous order
Mumbai, India, Governor, MLC Recommendations, Bombay High Court
Mumbai: So, the Bombay High Court just had a thing or two to say about the Governor not acting on those 12 MLC recommendations. They called it “quite disturbing.” This all started when a former Shiv Sena corporator, Sunil Modi, filed a petition. But the court dismissed it, saying it was a bit off the mark.
The judges, Chief Justice DK Upadhyaya and Justice Amit Borkar, pointed out that the Governor didn’t make any decisions on the recommendations from back in 2020. They were supposed to act on it after a court order in 2021, but nothing happened. The court did say that the withdrawal of the list was legally okay, though.
In their detailed order, they noted how concerning it was that the Governor just sat on the recommendations. They mentioned that the Council of Ministers had the right to pull back their suggestions since no decision was made. It’s like they were saying, “Hey, if nothing’s happening, we can change our minds.”
Modi wanted the Governor to either pick the 12 candidates or send the list back with reasons. But the court backed the cabinet’s choice to withdraw the names, saying they were totally within their rights to do so.
The judges also caught some contradictions in Modi’s arguments. He wanted the Governor to use his discretion but also claimed the withdrawal was wrong. The court was like, “You can’t have it both ways.”
After the government switched up in 2022, with Eknath Shinde stepping in as Chief Minister, the new cabinet told the Governor they were pulling back the old list. The Governor accepted this and sent the list back to the Chief Minister’s Office.
Then, the cabinet sent a new list of seven MLCs for the vacant spots, which the Governor approved. Those MLCs were sworn in just before the election rules kicked in. Quite the rollercoaster, right?