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Bombay High Court Dismisses PIL On MLC Nominations
- The Bombay High Court rejected a PIL by Shiv Sena (UBT) leader Sunil Modi, challenging the inaction of former Maharashtra Governor Bhagat Singh Koshyari on 12 MLC nominations recommended by the MVA government.
- A bench comprising Chief Justice DK Upadhyaya and Justice Amit Borkar ruled that the petition was "misconceived" and therefore subject to dismissal.
The Bombay High Court dismissed a Public Interest Litigation (PIL) filed by Shiv Sena (UBT) leader Sunil Modi, contesting the inaction of former Maharashtra Governor Bhagat Singh Koshyari on a list of 12 names recommended by the Maha Vikas Aghadi (MVA) government for nomination to the Maharashtra Legislative Council (MLC).
A bench comprising Chief Justice DK Upadhyaya and Justice Amit Borkar ruled that the petition was "misconceived" and therefore subject to dismissal.
The PIL highlighted the delay by Governor Koshyari in processing the list of nominees submitted by the MVA government under then-Chief Minister Uddhav Thackeray between 2019 and 2022. Although the list was forwarded in November 2020, it did not receive approval.
In 2022, a new government led by Chief Minister Eknath Shinde, following Thackeray's resignation, withdrew the nominations with the Governor's approval. Modi’s petition challenged the legal validity of this withdrawal.
This case followed a similar petition filed earlier by Ratan Soli Luth, who had raised concerns over the Governor's delay in acting on the nominations. The court in that instance emphasized that the Governor should act within a reasonable timeframe but refrained from issuing specific directives. Luth later withdrew his appeal to the Supreme Court in 2021, allowing Modi to file a fresh PIL.
After the withdrawal of the nominations, Governor Koshyari appointed seven new MLCs on October 15, 2024. Modi’s subsequent PIL, questioning the legality of the withdrawal, is yet to be heard.
