A bench headed by Chief Justice N.V. Ramana told the petitioner’s counsel, “The Governor is bound by the advice of Council of Ministers. We are not here to advise the Governor”.
The bench also comprising Justices A.S. Bopanna and Hrishikesh Roy rejected contention of a Latur-based headmaster, Dr Jagannath Shamrao Patil that due to lack of specific norms or criteria, several eligible and deserving personalities were deprived from consideration of names for the purpose of their nominations as members of Maharashtra Legislative Council.
The petitioner contended that the Governor must have discretion to choose people from specified fields to avoid the party in power making recommendations for it. The bench said, “There is a separate provision for what you want, you want us to amend the Constitution?” After a brief hearing in the matter, the bench declined to entertain the plea.
The plea argued that the top court should direct Maharashtra’s Maha Vikas Aghadi government led by Uddhav Thackeray not to intervene in the process of nomination. The plea added that this will avoid the practice of nomination under political considerations.
The plea also brought the court’s attention to clause 5 of Article 171. Clause 5 of the Article 171 of the Constitution has given mandate to the Governor that the nomination shall consist of “persons having special knowledge or practical experience in respect of such matters as literature, science, art, co-operative movement and social service.”
The petitioner submitted that no norms have been framed or finalised so far, for the purpose of making the nominations from the five prescribed categories. “Thus, the political parties who are in governance are taking the undue advantage of this loophole and are making the recommendations of the names of the persons who are not from the prescribed category but who are either powerful in politics or to whom the political parties want to make powerful by way of such nomination,” said the plea filed on behalf of advocate R.R. Deshpande and Associates.