HC Can't Scrutinise Cabinet Decision to Withdraw MLC Names: Shinde Govt
Mumbai: The Maharashtra government has told the Bombay High Court that courts cannot scrutinise the Eknath Shinde-led cabinet's decision to withdraw 12 names recommended by the erstwhile MVA government to the governor for the appointment as MLCs. It cannot be disputed that it is always open to the council of ministers and chief minister to withdraw the recommendations, the government said in the affidavit filed before the high court.
Shiv Sena (UBT) member Sunil Modi has challenged the Shinde government's decision to withdraw the names recommended by the earlier government led by Uddhav Thackeray. Mr. Shinde wrote to the governor on August 23 last year to inform him about the cabinet’s decision and requested him to return the earlier proposal. Accordingly, the governor has sent back the proposal to the state government.
An affidavit filed before the High Court by the deputy secretary of the state government argued that there is no legal basis to challenge the cabinet’s decision to withdraw the earlier proposal. It claimed that it is open to the council of ministers and the chief minister to reconsider advice and, if need be, withdraw the recommendations till such time that the governor does not nominate or accept the nominations.
“The question as to what advice was given by the Council of Ministers and on what basis is not open to judicial scrutiny. It cannot be disputed that it is always open to the council of ministers and chief minister to withdraw the recommendations made before the same are accepted by the governor and the making of the nominations,” the affidavit stated.
The government added that the question as to what advice was given by the council of ministers and on what basis is not open to judicial scrutiny.
The 12 posts are to be filled by the people nominated by the governor as per the state government's recommendation. According to the Article 171 (5) of the Constitution, these people should have special knowledge and experience in various fields. The posts have remained vacant for nearly three years as former governor Bhagat Singh Koshyari did not act on the 12 names suggested by the previous Maha Vikas Aghadi government.
