Restrict the Intervention of Political Parties in Nomination of MLCs in Maharashtra: Plea in Supreme Court
(Judicial Quest News Network)
A PIL Has been filed in Supreme Court seeking of specific Directions to the Governor of Maharashtra for framing and finalizing the norms or criteria for the purpose of the nomination of the eligible and deserving persons as members on the Maharashtra Legislative Council. In Consonance with the provision of Article 171 (5) of the Constitution of India.
The plea has been filed through Dr.R.R.Deshpande & Associates
The Petitioner in his representation to the Governor of Maharashtra States “With due respect to your excellency, I would like to express my deep anguish over the modus operandi followed for the nomination of these vacant posts. It is a matter of record that this appointment to said seats/posts have been always under the political consideration which deprives the class of citizens from getting nominated to such seats.”
It is further submitted that “There is there is no any process in existence at present to verify that the persons who are recommended or will be recommended by the Respondent no.2do possess such special knowledge or the practical experience of the concern subject and if yes what are its better details.
The petitioner stated that “traditional practices followed by the political parties in nomination of members of legislative and such appointments should be made by way of the absolute discretion of the Respondent no.3 based on certain criteria and /or norms and absolutely without the slightest intervention of political parties in nomination of these seats as prescribed in the Constitution of India.
The State of Maharashtra has been witnessing a lot of controversy regarding the position of office of Governor. Pertinently, Article 163 of the Constitution of India makes the Governor sole judge in matters in which he is required to act in his discretion.
The Constitutional provisions explicitly assign the discretionary powers to the Governor of any state in appointment of members of legislative councils. Article 171(5) of the Constitution clearly incorporates the qualification criteria for the members to be nominated by the Governor by which it states that the members to be nominated by the Governor shall consist of persons having the special knowledge or practical experience in respect of matters namely “Literature, science, art, co-operative movement and social service”.
The Petitioner has further sated that if the recommendations made by the council of Ministers for the purpose of nomination under Article 171(5) of the Constitution of India are allowed to be considered as sole criteria then same will amount to amending the provision of Article 171(5) of the constitution of India and carving out a new exception for the nominations under Article 171(5) of the Constitution of India.
The Petitioner is a citizen of India, who is holding the educational qualification of M. Com, B.Ed.,M.J. ,Ph .D., LL,B and presently working as Head Master in Shamrao Patil High School, Latur from the State of Maharashtra. He is the Ex- Member of Maharashtra State Secondary & Higher Secondary Educational State Board, Latur & Pune, Ex Senate Member (Governor Nominee) of S.R.T. Marathwada University, Nanded as well as Ex Senate Member Dr. Babasaheb Ambedkar Marathwada University, Aurangabad. At the same time, he is the Chief Editor of Daily “Aaple Man”
The petitioner in his prayer requested the court to issue a direction to the respondent
During the pendency and final hearing of this writ petition the respondent no.2 may kindly be directed to not to intervene in the process of nomination so as to avoid the practice of nomination under political considerations
[Read Petition]
