On the appointment of 12 Legislative Council members, the court said – the governor cannot keep the proposal pending indefinitely

The hearing on the issue of appointment of 12 members in the Maharashtra Legislative Council by the Governor has started in the Bombay High Court. In this, the High Court said that the Governor cannot be ordered by the Court, but the Governor cannot keep the Cabinet resolution pending indefinitely. After this important remark of the court, the discussion has started in the political corridors about what steps the governor takes.

During the hearing in this regard, the Bombay High Court, while making a balanced remark, said that the Governor is the constitutional head of the state, due to which the court cannot order him. The Governor has the right to take decisions in this regard. But at the same time, the governor cannot keep the proposal given by the cabinet pending indefinitely.

During the hearing, the court expressed expectation that there should be coordination between the governor and the government. We cannot interfere with the power given to the Governor by the Constitution. But if there is coordination between the government and the governor, the business of the state can be done smoothly. At the same time, even if there is a difference of opinion between the government and the governor due to some reasons, it is his constitutional duty to take a decision on the proposal sent by the cabinet to the governor within a specific period. This was also clarified by the court during this period.

The court said that it has been eight months since the state government sent the list of 12 persons to the governor for the membership of the Legislative Council. In this regard also the court has presented its opinion. The governor should take a decision on the proposal of the cabinet at the earliest. Even after 8 months, this decision was not taken even though this period is too long.

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