Maharashtra Govt Defends Appointment of Seven MLCs Amidst Legal Challenge in Bombay High Court

Keywords: Maharashtra Government, Bombay High Court, MLC appointments, Shiv Sena, Maha Vikas Aghadi, Eknath Shinde, Uddhav Thackeray, Legislative Council, Sunil Modi PIL, nominated seats

The Government of Maharashtra informed the Bombay High Court on Tuesday that there was no legal impediment preventing the appointment of seven Members of the Legislative Council (MLCs) for the 12 vacant seats in the Maharashtra Legislative Council. Advocate General Birendra Saraf clarified that there was no court order or government assurance restraining the appointments, in response to concerns raised by a petitioner challenging the state’s earlier decision to withdraw a list of 12 MLC nominees.

The court’s inquiry arose from a Public Interest Litigation (PIL) filed by Sunil Modi, a former municipal corporator and functionary of the Shiv Sena (UBT). Modi’s legal challenge is focused on the withdrawal of a list of 12 MLC nominees that had been submitted by the previous Maha Vikas Aghadi (MVA) government under then Chief Minister Uddhav Thackeray in 2020. After the new Eknath Shinde-led government came to power in 2022, it withdrew the earlier recommendations, prompting Modi to contest the move.

On October 7, 2024, the High Court concluded hearings on Modi’s PIL and reserved its judgment. However, during Tuesday’s proceedings, Modi’s advocate, Harshad Shrikandhe, informed the court that despite the pending verdict, seven MLC appointments were being processed.

The court, led by Chief Justice D K Upadhyaya and Justice Amit Borkar, sought clarity on whether any of the appointees were included in the list of 12 nominees that had been withdrawn by the government. Saraf responded that none of the new appointees were from the previously submitted list, and reiterated that there was no legal restriction on proceeding with the appointments.

The Dispute Over the 12 Nominated Seats:

The MLC appointments have been a point of contention since the change in government leadership. After Eknath Shinde took over as Chief Minister in 2022, the new administration formally withdrew the list of 12 MLC nominees that had been proposed by the MVA government. This list had been pending approval from the Governor for two years. The withdrawal of the list was accepted by the Governor on September 5, 2022, and it was returned to the Chief Minister’s Office (CMO), setting the stage for the current legal battle.

Details of the New Appointees:

The seven newly appointed MLCs reflect the political makeup of the ruling coalition, with three seats going to the Bharatiya Janata Party (BJP), and two each allocated to the Shiv Sena and Nationalist Congress Party (NCP). The appointees include notable political figures, such as:

• Chitra Wagh, State Women’s Wing Chief of the BJP
• Vikrant Patil, State General Secretary of the BJP
• Babusingh Maharaj Rathod, a spiritual leader from the Banjara community (BJP)
• Pankaj Bhujbal, former MLA (NCP)
• Idris Naikwadi, a minority leader from western Maharashtra (NCP)
• Manisha Kayande, former MLC (Shiv Sena)
• Hemant Patil, former Lok Sabha member (Shiv Sena)

Legal and Political Implications:

The case highlights the broader political dynamics in Maharashtra, as the current ruling coalition seeks to assert its control over key legislative appointments. While the High Court has reserved judgment on the legal challenge to the withdrawal of the previous nominations, the government’s decision to proceed with the new appointments indicates its confidence in the legal soundness of its actions.

The court’s forthcoming judgment could have significant implications, not only for the composition of the Legislative Council but also for the precedent it sets regarding the withdrawal of pending nominations by a new government. For now, the Maharashtra government’s position remains that it is within its rights to fill the vacant MLC seats while the legal process continues.

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