Bombay High Court reserves order on legislative council nominees' withdrawal plea

The Bombay High Court reserved its order on a plea filed by Shiv Sena (UBT) leader Sunil Modi challenging the withdrawal of a list of 12 Member of Legislative Council (MLC) nominees sent for the Governor's approval in 2020.

In Short

• Sunil Modi challenges withdrawal of 12 MLC nominations from 2020
• Uddhav Thackeray's cabinet submitted the initial list of nominees
• Eknath Shinde withdrew the nominations after becoming Chief Minister

The Bombay High Court reserved its order on a plea filed by Shiv Sena (UBT) leader Sunil Modi challenging the withdrawal of a list of 12 Member of Legislative Council (MLC) nominees sent for the Governor's approval in 2020.

The list was submitted by former Chief Minister Uddhav Thackeray’s cabinet, but the new Chief Minister, Eknath Shinde, withdrew it after taking office in 2022. The Governor had not yet made a decision on the nominations when the withdrawal occurred, and the Shinde government had not proposed new candidates for the vacant MLC seats.

The high court had previously ruled that the governor could not delay a decision on the list sent by Thackeray's government. Senior Advocate Yashraj Sing Deora, representing Modi, argued that the current petition is distinct because it addresses the Shinde government’s withdrawal of the nominations.

Deora contended that the Governor must not act as a mere rubber stamp but should carefully consider the cabinet's advice and recommendations. Advocate General Dr. Birendra Saraf countered that once Shinde became Chief Minister, he had contacted the Governor, who returned the file regarding the 12 MLCs, making the issue moot.

Chief Justice DK Upadhyaya and Justice Amit Borkar noted that the process had ended with the withdrawal. They questioned what the governor would act upon if the advice had been retracted.

Deora cited the rules governing government business, arguing that the Governor should have made an informed decision if the state had presented any material justifying the withdrawal. He stressed that the previous court order had allowed the Governor 13 months to act, yet no decision was made before the list was withdrawn. He expressed concern that the delay deprived the Legislative Council of valuable expertise.

In response, Saraf stated that Deora should not introduce new arguments that were not part of his original petition, which primarily focused on the delay in the Governor's decision.

Deora maintained that there was no evidence that the Governor had considered relevant material. He suggested that if a nominee had become a citizen of another country, that information should be presented to the Governor before withdrawing the list.