Plea in SC seeks directions to Maharashtra Governor to nominate MLCs

Nov 07, 2020

New Delhi [India], November 7 : A Latur-based headmaster has moved the Supreme Court seeking directions to Maharashtra Governor Bhagat Singh Koshyari and others to nominate MLCs to the Legislative Council.
Dr Jagannath Shyamrao Patil recently moved the plea, filed through RR Deshpande and Associates, also seeking to defer the nominations till the specific norms or the criteria are framed and approved by the office of the State Governor.
This comes as the issue of nomination of MLCs to the State Legislative Council through the Governor's quota has been pending since June 6 and June 15, when 10 and two posts respectively fell vacant.
Patil, in his petition, said that the apex court should pass directions to the respondents, including the Maharashtra State Governor and others, to act in consonance with the mandatory provision of Article 171 with respect to the nomination of MLCs in the Legislative Council of Maharashtra.
"If not then, in the alternative, the top court should direct to appropriate authorities to make such nominations under its sole discretion without any influence of the recommendation of the minister of councils of the Respondent number 2, State government of Maharashtra," the plea said.
The petitioner also sought that the apex court should also pass directions to the Maharashtra Governor to make the nomination of the said post only in light of qualifications as prescribed under 171(5) of the Constitution of India.
"During the pendency and final hearing of this writ petition, the petitioner sought that one of the respondents, Maharashtra government, be directed to not to intervene in the process of nomination so as to avoid the practice of nomination under political considerations," it said.
Reportedly, the Maharashtra government had on Friday submitted a list of 12 members to be nominated to the Legislative Council to Koshyari.