Raj Bhavan in no hurry to nominate 12 MLCs as plea challenges nomination criteria

 Maha Vikas Aghadi likely to submit its list of candidates by tomorrow. Congress is expected to finalise its list on Friday

Mumbai: The dreams of 12 aspirants from the Shiv Sena, Congress and Nationalist Congress Party (NCP) led Maha Vikas Aghadi (MVA) to become Members of the Legislative Council (MLCs) through the Governor Nominated quota seats, might just be hanging in the balance. However, according to sources from Raj Bhavan, Governor Bhagat Singh Koshyari is no hurry to fill up the 12 vacancies that will be created this month anytime for the next three months.

Although the MVA constituent parties are busy finalizing the names of the probable 12, Mumbai based lawyer Advocate Ashish Giri has challenged the nomination process itself citing provisions of Article 171(5) of the Constitution of India. He has also simultaneously moved the Election Commission of India (ECI) over the same issue.

The term of 12 MLCs nominated by the Governor is scheduled to expire this weekend (10 will be retiring on June 6 and two will be on June 15). The Shiv Sena led MVA government had made up plans to submit the list of candidates to be nominated from the Governor quota by Friday considering that Governor Bhagat Singh Koshyari may give his nod to the list and announce their names.

No nomination for next three months?

The sources said that Governor Bhagat Singh Koshyari will not fill up these 12 posts at least for next three months or until and unless the Covid crisis will not be over. The sources further said that the Governor has decided to follow the rules strictly while nominating MLCs from his quota. The provisions said that Governor can nominate those who have the knowledge or practical experience in fields such as literature, science, arts, the co-operative movement and social services. 

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This means it will be not easy for the Maha Vikas Aghadi to rehabilitate politically to those leaders through Governor Nominee quota – who were defeated in previous elections.

Advocate Ashish Giri in his petition filed before the Governor has cited the provisions of Article 171(5) of the Constitution of India which lays down the criteria for nominating people for the above vacancies. He has argued that the provisions clearly lay down the criteria which states that the Nominees should be from literature, arts, cooperative movement, science and social services.

“It important to take a note of the fact that the individuals who are appointed by the Honorable Governor and who fall under the criterion laid down under the Article 171(5) shall be the eminent people from the said areas who have done an exemplary work in their fields and in true sense have done a remarkable work in their respective field which has benefitted the public at large and nomination of such individuals to the legislature shall in true manner upgrade the legislative process and the legislature”, states Advocate Giri in his petition.

He has further cited the provision of Article 171, clause 3, sub-clause (e) which is in respect to the nominees for the Governor Nominated quota seats, which clearly states that the Governor shall nominate in accordance to provisions of clause 5 of Article 171. The provisions of Article 171(5) read thus – The members to be nominated by the Governor under sub-clause (e) of clause (3) shall consist of persons having special knowledge or practical experience in respect of such matters as the following, namely:— literature, science, art, co-operative movement and social service.

A former legislator revealed that at several times, MLCs nominated by the Governor attach their profile as president of some village-level social organisation or president of Ganapati Mandal of some area. “Such people have served the state as MLC from Governor Quota in past,” said the former legislator.

It may be recalled the recent showdown between the Shiv Sena led MVA and the Governor over the nomination of Chief Minister Uddhav Thackeray from the two Governor Nominated quota seats had landed at the doors of the Bombay High Court. The High Court had ruled that the Governor was empowered to take the decision in the matter and that the ECI had no role to play in the matter.

It may be recalled that Governor had rejected the MVA proposal on the grounds that the term of membership of the two said vacancies was less than six months to expire and hence the proposal could not be considered. Later the Governor urged the ECI to consider the option of holding elections to Elected by Members of the Legislative Assembly (EMLAs) constituency.

The Sena and MVA had then cited that if Uddhav Thackeray was not elected to either of the two houses of the state legislature within six months of his taking oath as the Chief Minister it would lead to constitutional crisis at a time when the state is battling the Covid-19 pandemic.

As the Corona pandemic is the big issue before any government, Maharashtra is not spared from it. Speaking on meeting between Sena leaders and Governor, the Sena sources claimed that there was no issue discussed filling up of 12 posts that will be vacated very soon in that meeting. 

“Fighting against corona is the first priority for the Sena and for the government. Let Governor take a decision about when to nominate 12 MLCs from his own quota,” said the Sena sources.

The Congress leader involved in party affairs related to finalising the list of candidates to be nominated from Governor quota claimed, Shiv Sena, the Nationalist Congress Party (NCP) and the Congress will get equal four seats in Governor Nominee MLCs. The NCP president Sharad Pawar and Shiv Sena chief and Chief Minister Uddhav Thackeray too have the list of their four candidates ready to submit to the Governor.

“In NCP, Pawar takes all decisions like Thackeray in Sena. However, in Congress, there are leaders at every stage to recommend the name to Delhi high command,” said the Congress leader.

Balasaheb Thorat, State President of Congress is the first leader who prepares a list of probable candidates. Then state in-charge is the second leader and finally, party president Sonia Gandhi takes the final decision. Rahul Gandhi is another centre of power who also recommends names of the probable candidate,” said the Congress leaders.

The NCP and Sena candidate names are not yet disclosed. Whereas the Congress is expected to finalise the list by tomorrow – Friday.

According to sources, there are few names to be discussed for the MLC post. These are the same whose names were discussed while the election of 9 MLC from elected MLAs quota which is filled up in last month.

Probable names of Congress

Konkan region – Manik Jagtap (Mahad – Raigad), Muzaffar Hussain (Mira Road), Guddu Khan (Bhiwandi), Naseem Khan (Mumbai)

North Maharashtra – State youth Congress president Satyajeet Tambe-Patil (Ahmednagar), Shobha Bachhav (Nashik)

Western Maharashtra – Mohan Joshi, Dipti Choudhury, Kamal Vyavahare

Marathwada – Ravindra Dalvi (Beed), Papa Modi (Beed), MM Shaikh, Basavraj Patil (Latur), Kalyan Kale (Aurangabad).

Vidarbha – State Women wing president Charulata Tokas, Satish Chaturvedi, Ashish Deshmukh.