Mumbai: The Election Commission of India has postponed the election for the Member of Legislative Council (MLC) elected from the Elected by MLA constituency (EMLA) in Maharashtra and Bihar due to lockdown measures enforced by the National Disaster Management Act, there is possibility that Maharashtra Chief Minister Uddhav Thackeray is likely be appointed as MLC by the Governor Bhagat Singh Koshyari through Governor Nominated quota to avoid constitutional difficulties.
Thackeray had taken charge of his office on November 28, 2019. He is not the member of Legislative Assembly (Lower House) or Member of Legislative Council (Upper House). As per constitutional rules, its mandatory that any minister or Chief Minister who is not member of any House should become member of either house within six months of the date of his or her assuming the charge. According to this rule, Thackeray has to be elected as member of either of the two Houses in the state legislature.
There are nine members who will be retiring on April 24 from Upper House. The election was expected to fill up the vacant post before the date of retirement of these members. However, according to Election Commission, it requires availability of approximately three weeks to complete the statutory activities. Hence, the election has postponed. This has cancelled an opportunity for Thackeray to be elected as Upper House by the MLAs.
Also Read: COVID-19 starts ringing alarm bells for Maharashtra as it stares at an economic crisis
There are 10 members of the Upper House appointed by the Governor will be retiring on June 6 and one member on June 15. Governor has powers to appoint members from medical, engineering, legal, literature, arts fraternity and prominent people who can contribute with their wisdom to the legislative proceedings of the Upper House from his quota.Â
If CM Thackeray does not get elected as a member of the either of the two House’s within the prescribed period of six months – that is May 28 – there would be constitutional difficulty arise before the state.
There would be two options before him, is to resign from the post of Chief Minister. After his resignation, the whole cabinet will have to be dissolved automatically. Thackeray then would need to take oath again as the CM of the state from Governor, re-select members of his cabinet, submit the list of ministry to the Governor, and the Governor will administer oath of office and secrecy to these ministers. This tedious process will take one or two days.
In this prevailing Corona crisis, it would not be constitutionally proper that the state is left without CM even for a single day. Hence, legal experts on legislative matters argue that the Governor would choose to appoint Uddhav as a member of Upper House from his quota to avoid technical glitches. If Nationalist Congress Party (NCP) Chief Sharad Pawar will give its consent, Thackeray would be elected as MLC from NCP’s vacant quota.
The Centre has stated that the nationwide lockdown will not be continued after April 14. If the corona crisis remained uncontrolled even after April 14, then there is possibility to extend the period of lockdown, Rajesh Tope, minister for Public Health has given indication. In such situation, Governor BS Koshyari, without waiting till June, may appoint Thackeray as MLC and he will continued in his office as CM.
If, the lockdown will be over, Governor may appoint all 10 members for Upper House before June 6. The term of the 12 members elected from the Governor Nominated Quota seats is to end on June 6, 2020 and June 15, 2020. The ECI is yet to issue any notification regarding the election of the Governor Nominated members.
Two NCP member’s Rahul Narvekar appointed by the Governor had already tendered his resignation from his post as Member of Legislative Council (MLC) before the state assembly polls. Narvekar was Nationalist Congress Party (NCP) member. He joined Bharatiya Janata Party (BJP), contested assembly polls from Colaba and won the seat. Another NCP MLC Ram Wadkule had also resigned from his post. Governor did not allow NCP to fill up these vacant post for the period of four-five months.
If, there would be negotiation between Thackeray and Pawar, then Thackeray would become MLC.
Governor nominated members who are retiring in June are as follows:
1. Prakash Gajbhiye – NCP (June 6,2020)
2. Vidya Chavan – NCP (June 6,2020)
3. Satish Chavan – NCP (June 6, 2020)
4. Khwaja Baig – NCP (June 6, 2020)
5. Jagannath Shinde – NCP (June 6, 2020)
6. Husnabano Khalife – Congress (June 6, 2020)
7. Anant Gadgil – Congress (June 6, 2020)
8. Janardan Chandurkar – Congress (June 6, 2020)
9. Anandrao Patil – Congress (June 6, 2020)
10. Rahhari Rupanwar – Congress (June 6, 2020)
11. Prof Jogendra Kawade – PRP – (June 15, 2020)
12. Rahul Narvekar -NCP (resigned and elected as BJP MLA)
