PILs filed against Maha Guv's 'inaction' over CM Uddhav Thackeray's MLC nomination

Even as the Maha Vikas Aghadi (MVA) alliance seeks the nomination of Uddhav Thackeray to the Legislative Council, Public Interest Litigations (PILs) have been fined with the Bombay High Court against the state's Governor Bhagat Singh Koshiyari for allegedly blocking the nomination. One of the PILs filed by Surinder Mohan Arora apprises the court of destabilisation of the government, social chaos and political disorder particularly during the COVID-19 crisis. Citing the COVID-19 urgency, the PIL has sought the High Court's direction to nominate in the incumbent Chief Minister as the member of Maharashtra Legislative Council under Article 171(5) of the Constitution. 

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Earlier, MVA leaders had met with Governor Koshiyari and urged him to nominate Uddhav Thackeray as the MLC member. Following the meeting, Thackeray himself had dialed Prime Minister Narendra Modi on Wednesday regarding the Governor's inaction on the Cabinet recommendation to nominate him. Thackeray reportedly conveyed to the PM that some BJP leaders in the state were creating a roadblock for him. Despite being sworn in as the Maharashtra CM on November 28, 2019, the Shiv Sena chief is yet to be elected to the Legislative Assembly or the Legislative Council. 

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The hurdle for the MLC post

As per Article 164(4) of the Constitution, a non-legislator ceases to be a minister if he is not elected to either House of the legislature within a period of 6 months. Thackeray was set to be fielded as a candidate to one of the 9 MLC seats falling vacant on April 24. However, the Election Commission of India indefinitely postponed the Rajya Sabha and Legislative Council polls in the current period owing to the COVID-19 crisis. Thus, the only option for Thackeray is to enter the Legislative Council as a nominated member.

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While two of the 12 nominated member seats are vacant at the moment, their term expires on June 6, 2020. Moreover, Section 151 A of the Representation of the People Act, 1951 says that election to the post cannot be done if “the remainder of the term of a member in relation to a vacancy is less than one year”. However, it is unclear whether this provision applies to nominated members as well. 

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