News Analysis India

Tag: Bhagat Singh Koshyari

  • Maharashtra Governor against Eknath Khadse’s nomination as MLC

    Express News Service

    MUMBAI:  The standoff in Maharashtra over the appointment of 12 MLCs continued even after Chief Minister Uddhav Thackeray, deputy Chief Minister Ajit Pawar and Congress minister Balasaheb Thorat held a meeting with Governor Bhagat Singh Koshyari on Wednesday night.

    After the Bombay High Court observed that the governor cannot indefinitely put on hold the appointment of MLCs nominated by the government, Uddhav Thackeray once again sought to push the governor on the appointment of 12 MLCs.

    According to sources, the governor raised objections over two (NCP leader Eknath Khadse and farmer leader Raju Shetti) of the 12 names submitted by the government.

    However, the governor’s office refused to confirm or deny this.  

    Ajit Pawar said he was told that Raju Shetti, who lost in the 2019 Lok Sabha polls, cannot be nominated as an MLC through the governor’s quota.

    Pawar pointed out that, however, in 2014, BJP leader Arun Jaitely lost the Lok Sabha polls in Amritsar but was nominated to Rajya Sabha and made the Union finance minister.

    “We are checking various issues so that there should not be any obstructions while appointing these 12 names as MLCs,” Pawar said. 

    The governor also objected to Khadse being made an MLC. 

    “The Pune land case against Eknath Khadse and an ongoing inquiry by Enforcement Directorate against him were cited as the reasons for delay in the approval of 12 names. Besides, Raju Shetti’s name was propped up. However, we have not been told by the governor in writing on specific names and issues. We tried to pursue this issue diligently,” said a senior minister in Maha Vikas Aghadi government.

    Another minister said that the governor has no right to reject the names proposed by the elected government.

    “Ours is an elected government, and so, the governor has no right to interfere and raise objections to any name.”

  • Maharashtra Governor meets Amit Shah in Delhi soon after HC ruling on MLC nominations

    By PTI

    MUMBAI: Maharashtra Governor Bhagat Singh Koshyari held a meeting with Union Home Minister Amit Shah in Delhi, hours after the Bombay High Court ruled that the state governor was duty-bound to decide on the MLC nominations within “reasonable time”.

    The Raj Bhavan, however, termed the meeting that took place on Friday evening as a “courtesy call”.

    The delay by Koshyari in taking a decision on the proposal sent by the Maharashtra cabinet to nominate 12 persons as Members of the Legislative Council (MLCs) from his quota has become a major bone of contention between him and the Maha Vikas Aghadi (MVA) government of Shiv Sena-NCP-Congress in the state.

    The Bombay High Court, while hearing a petition filed by a Nashik resident seeking a direction to the governor to decide on the nominations, had said on Friday that the governor has a “constitutional obligation” to either accept or reject “within reasonable time” the proposal sent by the state cabinet to nominate 12 persons as MLCs.

    Eight months had passed since the state cabinet sent the list of persons for nomination to the Upper House to governor Koshyari and this was “reasonable time”, a division bench of Chief Justice Dipankar Datta and Justice G S Kulkarni had said.

    The cabinet headed by Chief Minister Uddhav Thackeray had recommended 12 names to be nominated to the council from the governor’s quota in November 2020.

    The term of the legislators from the his quota had ended in June last year.

    The government had argued that the governor should have accepted its proposal on nominations and he cannot keep his decision pending.

  • Governor can’t sit on Maharashtra MLC picks endlessly: Bombay HC

    Express News Service

    MUMBAI:  The Bombay High Court on Friday expressed displeasure over Maharashtra Governor Bhagat Singh Koshyari for not acting on the 12 names recommended by the Uddhav Thackeray government for nomination as MLCs. The court said the governor has a constitutional obligation to act, but refused to issue a direction.  

    Dismissing a petition against Governor Koshyari over the matter, the court said, “directions could not be given to the Governor under Article 361 of the Constitution, it hoped that things would be set right at an early date. Governor has to act on the advice of the council of ministers. The obligation that the constitution rests on the governor to either accept or return the recommendations as made by the Council of Ministers has to be discharged within a reasonable time.”

    The court further said, “The appointment seats of the members in the legislative council who are required to be nominated by the Governor cannot be kept vacant indefinitely without there being a justifiable cause. The eight-month period is beyond a reasonable time. Looking at the gravity of the situation, the posts need to fill up expeditiously.”

    The court said, “We express hope and trust that things will be set right at an early date. If the saying that everything happens for a reason is to be believed, this court ought to assume there were genuine reasons for the governor not to convey his reasons earlier.”

     “Whatever be the nature thereof, however, it is time the impasse is resolved. It is mature and responsible governance both at the central as well as in the states that the people look up to.”  “Should there be any misunderstanding or miscommunication between two constitutional authorities or functionaries, then the right direction has to be followed.” About eight months ago, Uddhav Thackeray –led state government had sent a list of 12 members to be nominated to the State Legislative Council.

  • Bombay High Court asks the Maharashtra governor to fulfill his constitutional obligations

    Express News Service

    The Bombay High Court on Friday refused to issue directions to Maharashtra Governor Bhagat Singh Koshyari for taking a decision on the 12 names recommended by the Uddhav Thackeray government for nomination as MLCs. But the high court expressing displeasure said Governor Koshyari has a “constitutional obligation” to decide the matter.

    Dismissing a petition over “inaction” of Governor Koshyari, the Bombay High Court said, “directions could not be given to the Governor under Article 361 of the Constitution, it hoped that things would be set right at an early date. Governor has to act on the advice of the council of ministers. The obligation that the constitution rests on the governor to either accept or return the recommendations as made by the Council of Ministers has to be discharged within a reasonable time.”

    The court further said, “The appointment seats of the members in the legislative council who are required to be nominated by the Governor cannot be kept vacant indefinitely without there being a justifiable cause. The eight-month period is beyond a reasonable time. Looking at the gravity of the situation, the posts need to fill up expeditiously.”

    The court said, “We express hope and trust that things will be set right at an early date. If the saying that everything happens for a reason is to be believed, this court ought to assume there were genuine reasons for the governor not to convey his reasons earlier.”

    “Whatever be the nature thereof, however, it is time the impasse is resolved. It is mature and responsible governance both at the central as well as in the states that the people look up to.”

    “Should there be any misunderstanding or miscommunication between two constitutional authorities or functionaries, then the right direction has to be followed.”

    Earlier, the Uddhav Thackeray government had sent a list of 12 members to be nominated to the State Legislative Council. However, Governor Koshyari has neither accepted nor rejected the recommendation in eight months.

     It was with this issue that petitioner Ratan Soli Luth had approached the Bombay High Court. Advocate Aspi Chinoy arguing for Luth, told the court, “We are not on who should be appointed. We are only asking for a decision to be taken. Although the governor is not open to judicial orders, his actions or inactions are open to judicial orders.”

    “If the governors or the President do not act, will it not lead to a breakdown in machinery? That is why a direction is needed for the governor to act.”

    The Bombay High Court bench of Chief Justice Datta and Justice GS Kulkarni had reserved their order on the PIL on July 19.

    NCP chief spokesman Nawab Malik said after the High Court directives hope the governor Bhagat Singh Koshari will act and make an appointment of 12 names and MLC soon. The governor is a constitutional post that has to function as per norms, not will of anyone

  • NCP hopes Governor Koshiyari will take decision on MLC nominations post Bombay HC ruling

    By PTI

    MUMBAI: Ruling coalition partner NCP on Friday expressed the hope Maharashtra Governor Bhagat Singh Koshyari would take a decision on nominating 12 persons as members of the Legislative Council from his quota after a Bombay High Court ruling.

    Maharashtra minister and NCP spokesman Nawab Malik noted the high court has said the governor should take a decision on the nominations, cleared by the cabinet in November 2020, at the earliest in the interest of the state.

    It is not correct for the governor to indefinitely delay the appointments, he said.

    Earlier in the day, the HC said the governor has a “constitutional obligation” to either accept or reject “within reasonable time” the proposal sent by the cabinet to nominate 12 persons as MLCs.

    Months had passed after the cabinet sent the list and it would be “eminently desirable” if the governor discharged his obligation without much delay as seats in the Legislative Council cannot be kept vacant indefinitely, the court added.

    Malik expressed the hope Koshyari would now take a decision on the cabinet recommendation on nominations to the Upper House from the governor’s quota as it has been nine months since the list was sent to him.

    “Even though there is no time-frame for the governor, it is the duty of the governor to approve a decision taken by the cabinet.

    It is mandatory and such a provision is there in the constitution,” he said.

    “Since the court has said a decision should be taken in the interest of the state, we hope the governor would do so,” the minister said.

    Malik said the HC has said the governor and the chief minister should work in tandem.

    “The gubernatorial post is a constitutional post and there should be no politics. The governor should keep in mind that he is not a political person,” he said.

  • Congress leaders cycle to meet Maharashtra Governor; submit memorandum on Centre’s ‘anti-people’ policies 

    By PTI
    MUMBAI: A delegation of leaders from the Maharashtra Congress called on Governor Bhagat Singh Koshyari on Thursday to submit a memorandum highlighting the problems faced by the common man because of the “anti-people” and “anti-farmer” policies of the Central government.

    Congress leaders, who were part of the delegation led by state unit president Nana Patole, cycled from Hanging Gardens in Malabar Hill to Raj Bhavan to register their protest against the hike in fuel prices.

    In its memorandum, the Congress stated that at least 98,000 jobs were lost and the income of 97 per cent of families was reduced during the COVID-19 pandemic.

    “When people were struggling to survive, the Central government hiked the prices of fuel, LPG cylinders, edible oil and food grains,” it said.

    The party went on to say that despite the threat of COVID-19, the vaccination policy has been a failure, and many centres had to be shut down in Maharashtra due to shortage of vaccine doses.

    Seeking the governor’s intervention, the party claimed that farmers have been protesting against the Centre’s farm laws only to be ignored by the government, and said that the OBC and Maratha quota issues are also in the Union government’s jurisdiction.

  • Governor Bhagat Singh Koshyari prorogues monsoon session of Maharashtra Legislature

    By PTI
    MUMBAI: Maharashtra Governor Bhagat Singh Koshyari prorogued the monsoon session of the state Legislature on Tuesday. State Legislative Assembly’s Deputy Speaker Narhari Zirwal read out the order of prorogation of the session, which began here on Monday.

    The winter session of the Legislature will begin from December 7 in Nagpur, Zirwal said.

    During the two-day session, the state Legislature passed two crucial resolutions, seeking removal of the Supreme Court-set 50 per cent cap on caste-based reservations in jobs and education, and asking the Centre to provide the 2011 Census data to the state.

    On Monday, the opening day of the two-day monsoon session witnessed high drama as 12 BJP MLAs were suspended from the Assembly for one year after the state government accused them of “misbehaving” with presiding officer Bhaskar Jadhav in the Speaker’s chamber.

    Leader of Opposition Devendra Fadnavis had termed the allegation as false and said Jadhav’s account of the incident was “one-sided”. On Tuesday, legislators of the opposition BJP held a ‘parallel session’ outside the House in the Legislature premises as a mark of protest against the suspension of its 12 MLAs.

  • Duration of monsoon session can’t be extended due to COVID-19: Maharashtra CM in letter to Governor

    By PTI
    MUMBAI: Maharashtra Chief Minister Uddhav Thackeray on Friday wrote a letter to Governor Bhagat Singh Koshyari, in which he defended the government’s decision of holding the monsoon session of the state legislature only for two days starting July 5, saying that its duration cannot be extended in view of the coronavirus situation.

    He also appeared non-committal on holding the legislative assembly speaker’s election during the two-day session, saying there was no “time-frame” for it.

    Thackeray also urged Koshyari to pursue with the Centre the state government’s demand of sharing the empirical data on the Other Backward Classes (OBC) in order to take steps for restoring the political reservation for the community in local civic bodies.

    Recently, Koshyari had written a letter to Thackeray, asking him to extend the duration of the upcoming monsoon and fill the post of the legislative assembly speaker urgently citing the demands raised by a BJP delegation.

    In his reply letter, Thackeray said the duration of the legislature session cannot be extended in view of the second wave of the pandemic and the threat of a possible third wave.

    “Medical experts have predicted a severe third wave,” he said.

    Thackeray said that taking care of the health of the people and the elected representatives in the state was the responsibility of his government.

    He said the decision to hold the monsoon session for two days was taken due to the COVID-19 pandemic and cases of Delta Plus variant of the virus reported in several districts of the state.

    The government was trying to hold the election for the legislative assembly speaker’s post at the earliest, he said.

    “It is better if each and every MLA can participate in the election process. There is no point in doing things in haste. As per the World Health Organisation (WHO) and the union health ministry guidelines, an RT-PCR test done within 72 hours is held valid. So it is not correct to declare a date in advance for holding the speaker’s election,” the CM said in the letter.

    Thackeray said deputy speaker Narhari Zirwal is officiating as the speaker and he had overseen the proceedings during the budget session held earlier this year.

    “There is no violation of constitutional provision. There is no time-frame to hold the speaker’s election,” he added.

    The CM also said the government has written to the State Election Commission (SEC), requesting it to postpone the by-elections to Panchayat Samitis.

    “We are expecting a positive response from the commission in view of the threat of spread of the COVID-19,” he said.

    The SEC had recently declared elections to five Zilla Parishads and the byelections to seats in 33 Panchayat Samitis that were rendered vacant and converted to general category following the Supreme Court verdict quashing OBC quota in local bodies.

    “We have asked Prime Minister Narendra Modi to find a constitutional solution to the issue. Empirical data of OBCs is required to provide representation to the community in local bodies. The data is with the central government. I urge you to also pursue with the Centre to provide the empirical data of the 2011 census to enable the state government to take further steps,” he said.

    The BJP had last week held a ‘chakka jam’ or road blockade protests across Maharashtra last week alleging that the state government had failed short to defend the OBC quota in the Supreme Court and to provide the empirical data.

  • Shiv Sena targets Maharashtra Governor over delay in nominations to Legislative Council

    By PTI
    MUMBAI: The Shiv Sena on Monday expressed hope that Maharashtra Governor Bhagat Singh Koshyari would take serious cognisance of the Bombay High Court’s observations on the delay in the nomination of 12 members to the Legislative Council under the governor’s quota.

    Sena MP Sanjay Raut wondered what research was being done on the file that was sent by the state government to the governor in November last year recommending 12 names for nomination.

    “Is anybody doing a PhD on it?” he asked while talking to reporters here.

    The Bombay High Court on Friday directed the Maharashtra government to file a reply explaining why the governor was taking such a long time to decide on the nomination of members to the Legislative Council, despite the 12 names having been submitted on November 6 last year.

    An editorial in the Sena mouthpiece ‘Saamana’ on Monday said six months have passed since the Maha Vikas Aghadi (MVA) government in the state cleared the 12 names.

    “It is better if the governor takes the court’s observations seriously. Nobody should test Maharashtra’s patience. The state has the culture of respecting its elders. If you are progressive and have patience, doesn’t mean you are a coward,” it said.

    The editorial said the governor has a lot of work to do, if he wishes so.

    There is a shortage of vaccines against COVID-19 which he can follow up, it said.

    Prime Minister Narendra Modi has announced Rs 1,000 crore as relief for Gujarat following cyclone Tauktae.

    The governor can ask “why injustice to Maharashtra”, the Marathi daily said.

    The governor can seek Rs 1,500 crore (as cyclone relief) and win the hearts of Marathi people, it said.

    The editorial alleged that there was “politics” behind the delay in nomination of the 12 members to the Legislative Council.

    The delay in making the appointments “at the behest of higher-ups is an insult of the state, the Legislature and violation of the Constitution”, it claimed.

    The editorial said the opposition is living in “false confidence” that it can topple in MVA government (comprising the Shiv Sena, NCP and Congress) in the state, it said.

    “This confidence is not oxygen but carbon dioxide. You will get suffocated yourself in this process,” it said.

    Vacancies in the Legislative Council have been kept pending to accommodate those who help the opposition to topple the MVA government, it further claimed, adding that there was no possibility for this “jugaad scheme” to become a reality.

    Meanwhile, reacting to BJP leader Ashish Shelar’s comments that there was no time frame for the governor to nominate members of the Upper House, Raut said, “This doesn’t mean you can keep the appointments pending forever.”

    “Such illegal conduct is against the Constitution and does not suit a person holding high office,” Raut said.

    He also said there were reports that the Raj Bhavan had replied to an RTI query that it did not have the file containing names of the 12 persons recommended by the MVA government.

    “If this is true, it is a very serious matter,” the Rajya Sabha member said.

    To a question of yoga guru Ramdev’s comments on allopathy, Raut said, “Had any opposition leader made such remarks, the BJP would have protested on streets.

  • Will meet Governor once he returns, says Maharashtra Dy CM Ajit Pawar

    By ANI
    MUMBAI: Maharashtra Deputy Chief Minister Ajit Pawar on Thursday said he, along with a delegation of the state government, will meet Governor Bhagat Singh Koshyari to inform him of the recent transfers in the state police department and phone tapping case.

    “Chief Minister Uddhav Thackeray had asked for time from the Governor to meet him today but the Governor is out of the station. We will meet him whenever he is available,” Pawar said.

    “Yesterday, the Chief Minister ordered chief secretary Sitaram Kunte (then ACS Home department) to file a detail report by today afternoon on the phone tapping issue,” he added.

    Pawar also slammed the Opposition for trying to de-stabilise the government in the state.

    “From day one, the Opposition wanted our government to fall but we are in the full majority,” he added.

    On Tuesday, the Republican Party of India (RPI) delegation, led by former Maharashtra minister Avinash Mahatekar, met the Governor and requested him to recommend for President’s Rule in the state due to failure of law and order situation.

    On March 20, Devendra Fadnavis had demanded State Home Minister Anil Deshmukh’s resignation over former Maharashtra Police Commissioner Param Bir Singh’s allegations against Deshmukh.