Governor Has Duty To Decide On Recommendations Of Council Of Ministers For MLC Members Nomination Within Reasonable Time : Bombay High Court
3 years, 7 months ago

Governor Has Duty To Decide On Recommendations Of Council Of Ministers For MLC Members Nomination Within Reasonable Time : Bombay High Court

Live Law  

The 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."

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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
2 months, 1 week ago

No Right Conferred On Proposed MLCs Until Governor's Decision Under Article 166, Council Of Ministers Can Withdraw Nominations: Bombay HC

Live Law  

While dismissing the plea filed by Shiv Sena leader Sunil Modi, challenging the Governor's decision permitting the State government to withdraw 12 Member of Legislative Council's nominations, the Bombay High Court observed that as no 'decision' was taken by the Governor on the earlier advice tendered by the Council of Ministers for nomination of 12 MLCs, no right was conferred …

Court rejects plea against withdrawal of 12 MLC picks by ex-Maharashtra Governor
Trending News
2 months, 1 week ago

Court rejects plea against withdrawal of 12 MLC picks by ex-Maharashtra Governor

India Today  

The Bombay High Court on Thursday dismissed a Public Interest Litigation filed by Shiv Sena leader Sunil Modi, challenging the former Governor of Maharashtra’s inaction on a list of 12 names recommended by the then-Maha Vikas Aghadi government for nomination to the Maharashtra Legislative Council. The petition contested the delay by former Maharashtra Governor Bhagat Singh Koshyari in acting on …

PIL In Bombay High Court Challenges Governor's Decision Appointing 7 MLCs To State Legislative Council
3 months ago

PIL In Bombay High Court Challenges Governor's Decision Appointing 7 MLCs To State Legislative Council

Live Law  

A fresh Public Interest Litigation has been filed in the Bombay High Court challenging the notification issued by the Maharashtra Governor on 14 October 2024, where 7 MLCs were nominated to the State Legislative Council. Today, the petitioner's counsel argued that the decision of the Governor to nominate the 7 MLCs was 'malice in law'. The petitioner's counsel argued that …

Delhi LG empowered to nominate aldermen to MCD: SC
7 months, 2 weeks ago

Delhi LG empowered to nominate aldermen to MCD: SC

Hindustan Times  

New Delhi, The Delhi lieutenant governor is empowered to nominate 10 aldermen in the MCD and he is not bound by the aid and advice of council of ministers as the Delhi Municipal Corporation Act was enacted by Parliament, the Supreme Court has said. A bench of Chief Justice D Y Chandrachud and Justices P S Narasimha and J B …

HC Extends Status Quo on Governor Quota MLCs Till Conclusion of Writs
1 year, 1 month ago

HC Extends Status Quo on Governor Quota MLCs Till Conclusion of Writs

Deccan Chronicle  

Hyderabad: The Telangana High Court on Thursday extended the status quo order on the notification appointing Prof. M. Kodandaram and Amer Ali Khan as MLCs under the Governor quota, till the outcome of writ petitions filed by Dasoju Sravan and K. Satyanarayana. In the course of arguments, senior counsel Aditya Sondhi, representing Dr. Dasoju, alleged the Governor made mala fide …

HC Can't Scrutinise Cabinet Decision to Withdraw MLC Names: Shinde Govt
1 year, 6 months ago

HC Can't Scrutinise Cabinet Decision to Withdraw MLC Names: Shinde Govt

Deccan Chronicle  

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 …

HC directs Maharashtra govt. to reply to PIL plea challenging ex-Governor’s decision on withdrawal of MLC nominations
1 year, 7 months ago

HC directs Maharashtra govt. to reply to PIL plea challenging ex-Governor’s decision on withdrawal of MLC nominations

The Hindu  

: The Bombay High Court on Monday, July 31, 2023, directed the Maharashtra government to file its reply in a plea challenging former Governor Bhagat Singh Koshiyari’s decision, withdrawing the nomination of 12 Members of Legislative Council recommended by the then Maha Vikas Aghadi government, led by Uddhav Thackeray in 2020. Upadhyaya and Justice Arif Doctor was hearing a public …

Maharashtra Governor Ramesh Bais likely to announce 12 nominated MLCs soon: Report
1 year, 7 months ago

Maharashtra Governor Ramesh Bais likely to announce 12 nominated MLCs soon: Report

India TV News  

Maharashtra Governor Ramesh Bais is likely to announce 12 nominated MLCs after the end of the ongoing session of the state Assembly, according to sources. According to the sources, the formula is 6 seats for the BJP, 3 seats for Chief Minister Eknath Shinde's Shiv Sena, and 3 seats for Deputy Chief Minister Ajit Pawar's Nationalist Congress Party. Former Governor …

SC reserves verdict on pleas challenging Delhi L-G's powers to nominate MCD aldermen
1 year, 10 months ago

SC reserves verdict on pleas challenging Delhi L-G's powers to nominate MCD aldermen

India Today  

The Supreme Court on Wednesday reserved its order on the issue whether the Lieutenant Governor of Delhi can nominate aldermen to the Municipal Corporation of Delhi without the aid and advice of the Delhi Government. READ | AAP accuses Delhi L-G of illegally appointing 10 aldermen to MCD, calls it ‘unconstitutional’ A bench headed by Chief Justice of India DY …

E.S.L. Narasimhan held back files from KCR, Kiran Kumar Reddy
2 years, 4 months ago

E.S.L. Narasimhan held back files from KCR, Kiran Kumar Reddy

The Hindu  

Just before bifurcation of united Andhra Pradesh, a similar issue of Governor E.S.L. Narasimhan withholding assent for the proposal sent by then Chief Minister N. Kiran Kumar Reddy to nominate four MLCs under the Governor’s quota was reported. While Mr. Narasimhan cleared the names of Nandi Yellaiah, T. Ratna Bai and Kanteti Satyanarayana Raju, he refused to sign the file …

Bombay High Court Reserves Order on PIL Challenging Governor's Alleged Inaction to Decide on Nomination Of Members to MLC
3 years, 8 months ago

Bombay High Court Reserves Order on PIL Challenging Governor's Alleged Inaction to Decide on Nomination Of Members to MLC

Live Law  

The Bombay High Court on Monday reserved for orders a PIL challenging alleged inaction of the Governor, Bhagat Singh Koshyari, in nominating members to Maharashtra's Legislative Council, despite the 12 names submitted by the Council of Ministers on November 6, 2020. During the hearing, the court repeatedly asked the Union if the Governor could escape from his duty by not …

'We're Not Here To Advise Governors' : Supreme Court Dismisses Plea Seeking Guidelines For Maharashtra Governor To Nominate MLCs
3 years, 8 months ago

'We're Not Here To Advise Governors' : Supreme Court Dismisses Plea Seeking Guidelines For Maharashtra Governor To Nominate MLCs

Live Law  

The Supreme Court on Friday dismissed a plea seeking a direction to the Governor of Maharashtra to frame criteria for the purpose of nomination to the Legislative Council of the State, in terms of Article 171 of the Constitution. The Petitioner sought to draw the Court's attention towards clause 5 of Article 171 of the Constitution, which reads as follows: …

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