HC dismisses PIL against Governor-nominated MLCs

Petitioners had earlier asked if the 12 MLCs in Maha council had any expertise required

PTI | July 1, 2010



Bombay High Court today dismissed a PIL which had questioned eligibility of 12 members of the State Legislative Council, nominated by the Governor.

Can a Governor's decision be challenged in a PIL, the High Court asked the petitioners earlier during the hearing.

As per the Constitution, Governor can nominate persons having "special knowledge or practical experience" in respect of literature, science, art, co-operative movement and social service to the Legislative Council.

Petitioners Birudeo Lavate and Sunil Kate -- both from Sangola taluka -- contended that the 12 MLCs appointed by the Maharashtra Governor on March 13, 2008 had no such special knowledge or experience in literature, science, etc.

Petitioners' lawyer, advocate Machhindra Patil, had argued that he had sought information from the government as to whether the 12 MLCs possessed any expertise as required by the article 171 (5) of the constitution.

The reply given by R G Salvi, undersecretary, was "information not available". Most of the nominated members were politicians who had lost in assembly elections, it was contended.

PIL had demanded that nomination of these MLCs -- Alka Desai, Mohan Joshi, Charansingh Sapra, Subhash Chavan, M M Shaikh, Suresh Navle, Fouzia Khan, Ram Pandagale, Gurunath Kulkarni, Jitendra Avhad, Ramesh Shendge and Sumant Gaikwad -- be set aside. But Court did not entertain the plea.
 

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