Bombay HC Directs Shiv Sena-UBT Leader Sunil Modi To Add 7 Newly-Nominated MLCs As Respondents In Plea

Mumbai: The Bombay High Court on Tuesday directed Shiv Sena (UBT) leader Sunil Modi to include the seven newly-nominated Members of the Legislative Council (MLCs) as respondents in his plea challenging their appointment under the Governor’s quota.

About The PIL

Modi, a former municipal corporator from Kolhapur, filed a fresh Public Interest Litigation (PIL) against the October 14 notification issued by Maharashtra Governor CP Radhakrishnan, approving the appointment of seven MLCs for the 12 vacant posts. The posts, under Article 171(5) of the Constitution are meant for individuals with special knowledge and experience in various fields, have remained vacant for over three years.

A bench of Chief Justice DK Upadhyaya and Justice Amit Borkar emphasised the need to add the nominated MLCs as parties in the case. “If the plea is allowed, who all are going to be affected? Add them as parties,” the bench observed.

What Does The Petition Challenge?

The petition challenges the notification issued just hours before the announcement of the Maharashtra Assembly elections, following the recommendation of the state cabinet under then Chief Minister Eknath Shinde. Modi’s advocate, Sangramsinh Bhosale, argued that the Governor’s approval was improper since the High Court had reserved its order on October 7 in his previous PIL. The earlier petition by Modi challenged former Governor BS Koshyari’s decision in September 2022 to withdraw the 12 MLC nominations recommended by the Maha Vikas Aghadi (MVA) government.

Bhosale contended that the Governor’s decision was “malice in law” and aimed at influencing the outcome of the earlier PIL. He further stated that the Governor’s action is subject to judicial review as it was based on material provided by the Cabinet. He argued that the Governor ought not to have acted merely as a “rubber stamp”, especially when the High Court had already reserved its judgment. 

The seven appointees include BJP leaders Chitra Wagh, Vikrant Patil, and Dharmaguru Babusingh Maharaj Rathod; Shinde Sena members Manisha Kayande and Hemant Patil; and NCP representatives Pankaj Bhujbal and Idris Naikwadi.

State’s Advocate General Birendra Saraf had earlier informed the court that the appointments were valid since there was no stay or injunction. Also, the government had not given any assurance to the high HC that appointments would not be made.

The HC has kept the plea for hearing on January 15.