Shiv Sena (UBT) leader Sunil Modi filed a plea contesting the removal of a list of 12 MLC nominees that had been given to the governor for approval in 2020, and the Bombay High Court postponed making a decision.
The cabinet of former Chief Minister Uddhav Thackeray submitted the list, but after Eknath Shinde took power in 2022, he withdrew it. At the time of the withdrawal, the Shinde government had not put forth any new candidates for the open MLC seats, and the governor had not yet decided on the nominations.
The high court had already decided that the governor could not defer a decision on the list given by Thackeray’s government. Senior Advocate Yashraj Sing Deora, defending Modi, contended that the current case is distinct because it targets the Shinde government’s withdrawal of the nominations.
Deora argued that the governor should thoroughly analyze the cabinet’s suggestions and guidance rather than just acting as a rubber stamp. Advocate General Dr. Birendra Saraf retorted that Shinde had called the Governor after he was become Chief Minister, and the Governor had returned the papers pertaining to the 12 MLCs, thereby rendering the matter moot.
The withdrawal marked the end of the process, according to Chief Justice DK Upadhyaya and Justice Amit Borkar. If the recommendation had been withdrawn, they wondered what the governor would do.
Citing the regulations controlling government operations, Deora contended that if the state had provided any evidence to support the withdrawal, the governor ought to have made an informed choice. He emphasized that the Governor had 13 months to take action under the prior court order, but no decision had been made before the list was removed. He was worried that the Legislative Council had lost out on important knowledge because of the delay.
Saraf said that Deora shouldn’t make fresh claims that weren’t included in his initial petition, which mostly concentrated on the length of time the Governor took to make a judgment.
According to Deora, there was no proof that the Governor had taken pertinent information into account. He recommended that before removing a person from the list, the Governor be informed if they had obtained citizenship in another nation.
