Governor Has Duty To Decide On Recommendations Of Council Of Ministers For MLC Members Nomination Within Reasonable Time : Bombay High Court
Live LawThe Bombay High Court on Friday held that it is the Governor's duty to speak and let the Chief Minister know his reservations regarding recommendations made by the Council of Ministers to the Legislative Council within a reasonable time; otherwise, the statutory intent would stand defeated. The court disposed of a PIL against the Governor, Bhagat Singh Koshyari's " inaction " in nominating members to Maharashtra's Legislative Council, despite the 12 names submitted by the Council of Ministers on November 6, 2020. "This court, therefore, concludes the judgement by making a public law declaration that the obligation which the constitution vests in the Governor to either accept or return the recommendations of the Council of Ministers forming part of advice has to be discharged within a reasonable time. The bench held that the seats of the members in the legislative council who are required to be nominated by the Governor cannot be kept vacant indefinitely without there being a justifiable cause and much to the detriment of legislative functions "In such circumstances this court is of the clear view that the duty of Governor to speak and to let the Chief Minister know the Governor's reservations about the recommendees, if at all, within a reasonable time has to be read in section 10 of the Representation of the People Act read with clause 5 of Art 171 or else the statutory intent would stand defeated."
History of this topic
No Right Conferred On Proposed MLCs Until Governor's Decision Under Article 166, Council Of Ministers Can Withdraw Nominations: Bombay HC
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Court rejects plea against withdrawal of 12 MLC picks by ex-Maharashtra Governor
India Today
PIL In Bombay High Court Challenges Governor's Decision Appointing 7 MLCs To State Legislative Council
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Delhi LG empowered to nominate aldermen to MCD: SC
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HC Extends Status Quo on Governor Quota MLCs Till Conclusion of Writs
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HC Can't Scrutinise Cabinet Decision to Withdraw MLC Names: Shinde Govt
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HC directs Maharashtra govt. to reply to PIL plea challenging ex-Governor’s decision on withdrawal of MLC nominations
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Maharashtra Governor Ramesh Bais likely to announce 12 nominated MLCs soon: Report
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SC reserves verdict on pleas challenging Delhi L-G's powers to nominate MCD aldermen
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E.S.L. Narasimhan held back files from KCR, Kiran Kumar Reddy
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Bombay High Court Reserves Order on PIL Challenging Governor's Alleged Inaction to Decide on Nomination Of Members to MLC
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'We're Not Here To Advise Governors' : Supreme Court Dismisses Plea Seeking Guidelines For Maharashtra Governor To Nominate MLCs
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