Mumbai: In a significant legal development, the Bombay High Court on Thursday, January 9, dismissed the Public Interest Litigation (PIL) filed by Shiv Sena (UBT) leader Sunil Modi, which challenged the withdrawal of a list of 12 MLC (Member of Legislative Council) nominations that were sent for approval to the Maharashtra Governor in 2020.
The PIL was heard by a division bench comprising Chief Justice Devendra Kumar Upadhyay and Justice Amit Borkar, who ruled in favor of the state government’s actions, thereby rejecting Modi’s petition.
The issue arose when, in 2020, the previous Shiv Sena-led Maha Vikas Aghadi (MVA) government had forwarded the names of 12 individuals to the Governor for nomination to the Maharashtra Legislative Council. However, following a change in leadership with the rise of the Eknath Shinde-led government, the list was withdrawn. Sunil Modi, a prominent leader of Shiv Sena (UBT), filed the PIL to challenge the withdrawal, arguing that the move was unlawful.
In October 2023, during the course of the case, the Maharashtra government informed the court that there were no legal obstacles preventing the Governor from appointing seven of the proposed MLC candidates. However, as the court hearing progressed, Modi pointed out that just a day before the order was reserved, the government had sent a fresh list of nominees to the Governor, further complicating the matter.
The court, after hearing the arguments, concluded the hearing on October 7, 2023, and reserved its judgment. On January 9, the division bench dismissed Modi’s PIL, effectively allowing the government’s withdrawal of the original nominations.
