Legislative assembly

Chief minister and hapless governor don’t trust each other: Bombay High Court on deadlock over MLC appointment

The Bombay High Court on Wednesday expressed its dissatisfaction with the ongoing tussle between Maharashtra Chief Minister Uddhav Thackeray and Governor Bhagat Singh Koshyari and orally remarked “that it is regrettable that the two most senior officials do not do not trust”. The court was referring to the standoff between the Chief Minister and the Governor over the appointment of 12 members to the Legislative Council.

🗞️ Subscribe now: get Express Premium to access the best election reports and analysis 🗞️

A divisional bench consisting of Chief Justice Dipankar Datta and Justice Makarand S Karnik said Thackeray and Koshyari can sit down together and settle the issues between them as they dismissed two public interest litigation (PIL) disputes which challenged the changes to the procedures of the Maharashtra Legislative Assembly. election of speakers.

On August 13 last year, the high court said that it is “desirable” that Koshyari speaks out on the recommendations of the State Cabinet on the appointment of 12 members to the Legislative Council at the earliest.

On November 6, 2020, the state cabinet proposed 12 names to be appointed as MLCs under the governor’s quota.

The court had said the governor should speak to the chief minister about his reservations about the list of nominees, if any, within a reasonable time or “statutory intent will be defeated”.

On Wednesday, the bench observed that the governor had yet to approve the nomination despite the verdict handed down nearly eight months ago.

“We are also a constitutional court. How were we treated? We had passed an order on the affair of the 12 MLCs. Today is March 2022. Eight months have passed and still nothing has happened, the court said.

He went on to observe orally: “At the time, it was argued that democracy was going to collapse, etc. Is democracy dead because the governor has yet to appoint 12 MLCs, a bigger problem than the present? Our democracy is not as fragile. Erase all these differences. Your ramblings don’t advance the state.

The court also expressed dissatisfaction with the suspension of 12 BJP MPs for one yearwhich was later overturned by the Supreme Court.

“You don’t allow an elected official to reach out to voters, to the public for a year. It is absolutely arbitrary,” the court said.