Bombay HC Rejects Shiv Sena (UBT) Leader's PIL Against Governor's Withdrawal of 12 MLC Nominations

Mumbai: The Bombay High Court on Thursday dismissed the plea filed by Shiv Sena (UBT) leader Sunil Modi challenging the then Governor of Maharashtra Bhagat Singh Koshyari's decision to allow the Eknath Shinde -led government to withdraw the nominations of its 12 MLCs recommended by the state when Maha Vikas Aghadi (MVA) was in power in September 2022.

The Division Bench of Chief Justice Devendra Kumar Upadhyay and Justice Amit Borkar dismissed the PIL by Modi terming it 'misconceived' and 'liable to be dismissed.'

Koshyari’s failure to act on the MVA’s recommendations led to the accusations of an illegal 'Pocket Veto.'

The matter worsened when, in 2022, the newly-formed cabinet, led by then CM Eknath Shinde, sought to withdraw the list of pending nominees, in response, to which Modi filed a PIL stating that the withdrawal was an overreach.

In his PIL, he challenged the legality of the Governor’s inaction and the withdrawal of nominations by the Shinde government.

Before the Maharashtra Assembly elections were announced, the present Governor, CP Radhakrishnan, approved a new list of seven MLCs prompting fresh legal challenges from Modi saying the Governor could not approve any names when a court judgment on the matter was still pending.