Bombay High Court Deliberates on Shiv Sena Leader Sunil Modi’s Challenge to Withdrawal of 2020 MLC Nominee List Submitted to Governor

Bombay High Court stays order on withdrawal pleas of 12 Legislative Council nominees

The Bombay High Court has reserved its order on Shiv Sena (UBT) leader Sunil Modi’s plea challenging the withdrawal of the list of 12 Member Legislative Council (MLC) nominees submitted to the governor for approval in 2020 .

The list was submitted by the cabinet of former chief minister Uddhav Thackeray but was withdrawn by new chief minister Eknath Shinde after taking office in 2022. The governor had not taken a decision on the nomination at the time of the withdrawal, and the Shinde government had not put forward a new candidate for the vacant MLC seat.

The high court had earlier ruled that the governor cannot delay taking a decision on the list sent by the Thackeray government. Senior lawyer Yashraj Sing Deora, representing Modi, believes the current petition is unique as it relates to the Shinde government’s withdrawal of nomination.

Deora believes that the Governor must not just act as a rubber stamp but should carefully consider the views and recommendations of the cabinet. Attorney General Dr Birendra Saraf countered that after Shinde became chief minister, he contacted the governor who returned the documents regarding 12 MLCs, thereby rendering the issue moot .

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A bench of Chief Justice DK Upadhyaya and Justice Amit Borkar observed that the proceedings had come to an end with the withdrawal. They questioned what action the governor would take if the recommendation was withdrawn.

Citing rules governing government business, Deora argued that the governor should have made an informed decision if the state government provided any material to justify the withdrawal. He stressed that a previous court order gave the Governor 13 months to take action, but no decision had been made before withdrawing the list. He expressed concern that delays would result in the Legislature losing valuable expertise.

In response, Saraf said Deora should not raise new arguments that were not part of his original petition, which focused on delays in the governor’s decision.

Deola insisted there was no evidence the governor-general had considered the material. He suggested that if the nominee had become a citizen of another country, that information should be submitted to the Governor-General before withdrawing the list.

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