The Bombay High Court on Monday refused to stay the decision taken by the Maharashtra cabinet to recommend Chief Minister Uddhav Thackeray’s name for his appointment as the Member of Legislative Council (MLC) from the governor’s quota.
The petition was filed by Ramkrishnan alias Rajesh Pillay who is a BJP worker. The petition challenged the “illegal conduct” of the meeting chaired by Maharashtra Deputy CM Ajit Pawar earlier in which the state cabinet decided to recommend Uddhav Thackeray’s name for his nomination as a nominated member of the legislative council.
Justice Shahrukh Kathawalla heard the petition through video conference and the same was adjourned. The Bombay HC stated that the governor is expected to consider the legal validity of the recommendation.
Uddhav Thackeray took oath as Maharashtra Chief Minister on November 28, 2019, and is not the member of either house - legislative assembly or council. According to the Indian constitution, within six months of taking the oath, any minister is supposed to get elected in either state legislative assembly or council.
The deadline for Maharashtra Chief Minister Uddhav Thackeray to get elected to the state legislature is May 24. The Election Commission, however, has postponed the upcoming elections for the Rajya Sabha and other local bodies in the wake of the coronavirus pandemic.
The Maharashtra cabinet, in absence of CM Uddhav Thackeray, decided to recommend his name to Governor Bhagat Singh Koshyari who has two vacant seats from the governor’s quota. The cabinet has recommended Thackeray’s name on one of them in order to avoid a constitutional crisis.
The two seats from the governor’s quota of nominees are vacant after Ramrao Wadkute and Rahul Narvekar resigned. Ramrao Wadkute earlier resigned as Nationalist Congress Party (NCP) MLC to joined Bhartiya Janata Paty (BJP) while Narvekar was elected as a BJP MLA and had to resign as an MLC.
Earlier, Shiv Sena MP Sanjay Raut expressed confidence that his party chief Uddhav Thackeray will remain the Chief Minister of Maharashtra. Raut, however, questioned that what was stopping Governor Bhagat Singh Koshyari to nominate Thackeray as Minister of Legislative Council (MLC) from governor’s quota?
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