MLC Mete intervenes in PIL, says power vests with Governor to nominate | India News

MUMBAI: Sitting MLC Vinayak Mete files intervention application in PIL regarding delay in nomination of 12 MLCs by Maharashtra Governor. He says that if the public interest litigation (PIL) contention that the Governor is bound by council of Ministers’ advice is accepted, it will run counter to the Constitution framers’ intent. His plea is that the “power to nominate MLCs under Article 171 (3) (e)( e ) read with Art 171 (5) of the Constitution of India vests exclusively with the Governor.’’
His intervention plea was mentioned by his advocate Siddharth Dharmadhikari just before the Bombay high court rose for the lunch break. It was just filed, said Dharmadhikari and senior counsel Harish Salve, who was also present on the video conferencing link by then, would be appearing, he said. He sought permission for Salve to address the HC for 30 minutes after additional solicitor general Anil Singh for the Centre completes his.
Salve representing Mete is likely to address the HC in a bid to assist on questions of law raised in the matter.
The HC has asked whether the Governor has a duty, whether mandatory or discretionary under the Constitution and does he have a duty to speak once Council of Ministers sends the recommendations or can he indefinetly hold out and if he does that would it not be ultra vires the Indian Constitution and its provisions.
Singh said the Governor is “empowered’’ under the Constitution to nominate the MLCs. But he added , “my argument is that the PIL’s contention that Governor is bound by CoM will mean that the Governor will have no role and nomination will have no meaning and state will control the nomination under the (fifth clause) too.’’
The HC said, “therefore according to you, the Governor has a discretion.’’ “For what?’’
Singh, “distraction to nominate.’’ He added, The Governor is not bound the recommendation of the Council of Ministers.
Mete in his intervention also said, the State government supports the contention of the PIL but if that is accepted “it would prejudicially affect the rights of the applicant (Mete).’’
Mete says the Governor is yet to arrive at a decision on the CoM’s recommendation of November 2020 regarding 12 MLCs and for this reason the “PIL is premature.’’
The hearing is to resume post lunch break.

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