Bombay High Court Considers Plea on Withdrawal of Legislative Council Nominees

The Bombay High Court has reserved its decision on a plea challenging the withdrawal of a list of 12 Member of Legislative Council (MLC) nominees. This list was initially submitted for approval by the Governor in 2020 by the then Chief Minister Uddhav Thackeray‘s cabinet. However, it was subsequently withdrawn by the new Chief Minister, Eknath Shinde, after assuming office in 2022.

The issue at hand is that the Governor had not made any decision regarding the nominations when the list was withdrawn, and the Shinde government has yet to propose new candidates to fill the vacant MLC seats. This has prompted Shiv Sena (UBT) leader Sunil Modi to file a plea against the withdrawal.

Senior Advocate Yashraj Sing Deora, representing Modi, argued in court that this petition is unique because it specifically addresses the Shinde government’s action in retracting the nominations. Deora insisted that the Governor should not merely operate as a rubber stamp but must thoughtfully consider the advice and recommendations provided by the cabinet.

The court had previously ruled that the Governor could not indefinitely delay a decision on the list submitted by Thackeray’s government. In response, Advocate General Dr. Birendra Saraf argued that once Shinde assumed the role of Chief Minister, he communicated with the Governor, who subsequently returned the file regarding the 12 MLCs, rendering the issue irrelevant.

Chief Justice DK Upadhyaya and Justice Amit Borkar noted during the proceedings that the withdrawal effectively concluded the process. They queried what course of action the Governor might take when the official advice had already been withdrawn.

Deora further cited the rules governing governmental processes, emphasizing that it was incumbent upon the Governor to make an informed decision if new material had justified the withdrawal of nominations. He lamented that the previous court ruling permitted the Governor 13 months to act, yet no resolution was achieved before the list’s withdrawal, thus potentially depriving the Legislative Council of valuable expertise.