Even a week after the Maharashtra cabinet recommended Uddhav Thackeray’s name for nomination to the Legislative Council under the Governor quota, Governor Bhagat Singh Koshyari has not yet decided on it. Instead, he reportedly has started consultation with legal experts keeping the ruling dispensation guessing.
On April 9, the Maharashtra cabinet chaired by Deputy Chief Minister Ajit Pawar has recommended name of Uddhav Thackeray for nomination in Legislative Council from the Governor's quota. Currently, there are two vacancies in this quota. If nominated, Thackeray will be a legislator till June 6 this year and then he can either get re-nominated to the legislative council from same quota or can contest election of legislative council. The Election Commission is expected to announce elections for the 9 seats which will be vacant on April 24.
It was expected that Governor will take a call on this recommendation soon. In most instances the Governor goes with the recommendation of the cabinet. However, the state was witness to how the Governor administered oath to Devendra Fadnavis in a secretly held swearing in programme. This has made the ruling dispensation extremely suspicious.
“We are confident this time that keeping in mind the situation in the state, Governor will accept the recommendation of the cabinet. Although, Uddhav Thackeray has enough strength to get elected in the Legislative Council, the postponement of election has forced us to recommend his name through Governor quota,” explained Balasaheb Thorat in a press conference he held on social media.
When he was asked whether the cabinet ministers will visit Governor to press upon their demand and whether do they plan a legal route he cleared that the cabinet has not yet discussed these options.
However, legal experts opine that the cabinet advise is not binding on the Governor however, any adventurism can lead to Uddhav's resignation.
“In general cases the cabinet recommendation is binding, but in the case of appointment through Governor or President quota, the cabinet recommendation is not. The Governor or the President doesn't always need cabinet advise to nominate eminent persons from his quota. They can privately seek this information,” said Srihari Aney, Former Advocate General.
“In CM's case it is well known that if he does not get elected to the either house of legislature, he will have to resign. Furthermore,there is constitutional and legal way currently available for him to get into Legislative Council through Governor quota. Governor cannot say no quoting reasons. This will not be a permissible reply. Even without cabinet recommendation, Governor can nominate Thackeray to Council, he has that power,”added Aney.
Anant Kalse, former Principal Secretary of Maharashtra Legislature stressed that cabinet recommendation is binding upon Governor and he will have to nominate Thackeray.
“Governor and President are figure head of of the states. If Governor takes too much time to decide on this issue, ruling parties can approach High Court and Supreme Court requesting the court to direct Governor to implement cabinet recommendation,” explained Kalse.
