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A petition was filed on Monday in the Bombay High Court challenging the decision of the Eknath Shinde-led Maharashtra government to stay circulars relating to appointments and developmental projects taken up by the earlier Maha Vikas Aghadi government.
The petition filed by five persons, some of whom are former Indian Administrative Service officers and social workers, said the present government led by Chief Minister Eknath Shinde and Deputy Chief Minister Devendra Fadnavis had issued four resolutions cancelling orders passed by the previous MVA government.
“The impugned resolutions are without jurisdiction and the Chief Minister (Eknath Shinde) is not empowered to stay or nullify the decisions of the earlier government, which were lawfully taken,” the plea said.
The plea was mentioned by the petitioner’s lawyer S B Talekar on Monday before a division bench headed by Justice S V Gangapurwala, which said it would be heard later this week.
The petition said, as per Article 164(1A) of the Constitution of India, there has to be not less than 12 ministers so as to constitute Council of Ministers and presently the total number of ministers was only two (Shinde and Fadnavis).
“In the absence of a duly constituted Council of Ministers, the government ought not to have taken such major decisions of staying developmental projects and cancellation of appointments of members of statutory boards, commissions and committees,” said the petition, which challenged various resolutions passed between July 20 and 25.
By these resolutions, projects and tenders, the appointment of non-official members to statutory bodies, committees etc were stayed.
“The decision to stay orders taken by the previous government is without any legitimate reason and passed in an arbitrary manner,” the plea said.
It claimed political leaders who have become ministers are not willing to give up control over the allocated finances and implementation of development schemes in order to suit their political philosophy, convenience and political support base.
“The politicians in Maharashtra inspired by greed for power have given rise to the present day turmoil, political instability, administrative vacuum and financial insecurity at all levels of administration in Maharashtra,” the plea said.
It further claimed since Shinde and Fadnavis took oath as Chief Minister and Deputy Chief Minister, they have been busy meeting with the Prime Minister, Home Minister and other BJP leaders to seek their blessings.
“The CM and the Deputy CM have held three or four meetings of their cabinet, in which they reversed important decisions of the previous government. This includes shifting of the metro rail car shed back to Aarey Colony and clearance to the Ahmedabad- Mumbai bullet train project,” the petition said.
The plea has sought that the HC quash the resolutions issued by the present government between July 20 and July 25.
