HC dismisses PIL against Governor-nominated MLCs
Mumbai: The Bombay High Court today
dismissed a PIL which had questioned eligibility of 12 members
of the Legislative Council, nominated by the Governor.
"Can a governor's decision be challenged in a PIL,"
the High Court asked the petitioners during the hearing.
As per the Constitution, a governor can nominate
persons having "special knowledge or practical experience" in
respect of literature, science, art, cooperative 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 or any other
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 Under Secretary R G Salvi, was,
"Information not available". Most of the nominated members
were politicians who had lost in the assembly elections, it
PIL had demanded that nomination of 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 the Court refused to entertain the plea.