The Maharashtra government informed the Bombay High Court on Tuesday that there is no legal impediment in appointing seven new Members of the Legislative Council (MLCs), despite pending litigation concerning the withdrawal of a previously nominated list of MLC candidates.
During the hearing, Advocate General Birendra Saraf, representing the state government, addressed a division bench comprising Chief Justice D.K. Upadhyaya and Justice Amit Borkar, clarifying that no court-ordered stay or injunction had been imposed to block the appointments. He also emphasized that the government had not given any assurances that it would halt the nomination process.
This statement was made in response to concerns raised by the petitioner, Sunil Modi, a Shiv Sena (UBT) functionary and former municipal corporator. Modi’s legal representative, Advocate Harshad Shrikandhe, brought to the court’s attention that the appointment of seven MLCs was proceeding, even though a decision was still pending on his public interest litigation (PIL).
Modi had previously challenged the Maharashtra government’s 2020 decision to withdraw a list of 12 MLC nominees sent to the governor by the then Maha Vikas Aghadi (MVA) government. Advocate Shrikandhe informed the court that the purpose of raising this point was simply to notify the bench of the new appointments being made.
In response, Chief Justice Upadhyaya asked whether any of the seven newly nominated members were individuals from the original list of 12 withdrawn nominees. Saraf responded that none of the seven belonged to the previously withdrawn list.
Saraf reiterated that there was no legal hurdle obstructing the current appointments, further confirming that the process could move ahead without violating any court orders.
The court, after concluding the hearing on October 7, had reserved its judgment on Modi’s PIL, which challenges the state’s decision to withdraw the earlier nominations. The nominations in question were made during the tenure of the MVA government, which was succeeded by the current ruling government led by the Shiv Sena (Shinde faction) and the Bharatiya Janata Party (BJP).
Among the seven new appointees nominated by the state are former MLC Manisha Kayande and ex-Lok Sabha member Hemant Patil.
The matter is now awaiting final judgment from the Bombay High Court.
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