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 special field.

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 was contended.

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.

PTI