Governor’s constitutional duty to decide on MLCs, says HC

Court reserves order on plea on delay in appointments

The Bombay High Court on Monday said the Governor has a constitutional duty to either accept or reject the proposal sent by the Chief Minister nominating members to the Maharashtra Legislative Council (MLC), and reserved its order in the matter. A Division Bench of Chief Justice Dipankar Datta and Justice G.S. Kulkarni was hearing a public interest litigation (PIL) filed by Nashik resident Ratan Luth over the delay by Governor Bhagat Singh Koshyari in deciding on the 12 names recommended for MLC posts by the Maharashtra government. Vinayak Mete, an MLC, had filed an intervention in the PIL. “Where do you get that provision under the Indian Constitution where it says the Governor may not act; what is your interpretation of the Indian Constitution? Does the Governor have a duty? Whether mandatory or discretionary, it would be a duty. Has it been performed?” the Bench asked Additional Solicitor General Anil Singh, who appeared for the Union government.