Mode of nominating candidates to the Maharashtra State Legislative Council challenged in Bombay High Court

The Bombay High Court has been moved seeking to restrain the State of Maharashtra from proceeding the appointment of certain members to the State Legislative Council, on grounds that the proposed appointment is motivated by political considerations rather than the parameters outlined under Article 171 of the Constitution..Article 171 (5) allows the Governor to nominate persons who have special knowledge or practical experience in matters such as Literature, science, art, co operative movement and social service to the Council. .However, a writ petition filed by one, DP Awale contends,."The power to nominate the members of the Council has been exercised either by political considerations or considerations which are wholly extraneous. The power to nominate the members to the Legislative Council is time and again abused and misused inasmuch as almost all the members nominated by the Governor were active politicians belonging to the political party/parties in power."reads Awale's plea.On June 6, this year, 12 posts in the Council fell vacant. Awale had registered grievance over the non-consideration of his claim for nomination to the post in his writ petition filed in May this year. He argued,."All three political parties which have formed a coalition government, namely Shiv Sena, NCP and Congress (I) will ask for their share in the booty. As a result, the governor will nominate 12 candidates who would be active political workers who would be faithful to their masters or their political supporters.".In his writ petition, Awale seeks that the State consider his candidature by applying the parameters provided under Article 171 (5) of the Constitution..Awale has contended that the Matang community, to which he belongs, has not been appropriately represented amongst the members being appointed to the Council. His plea emphasises that not one person from the Matang community has ever been nominated to the State Legislative Council, although it is one of the two scheduled caste communities which have a sizeable population in the State. .He has submitted that no mode or manner has been prescribed for nominating members to the Council by the Governor. There is no process to scrutinise the applications or proposals received for finalising nominations and no affidavits are required for the same. .He has stated that there are thousands of persons possessing special knowledge and practical experience in respect of matters of literature, science, art etc..Awale submits that no applications are invited from such individuals nor proposals called for from an expert body consisting of men and women holding values of integrity, independence and patriotism.."Only those persons who are close to the Centre of power or enjoy the confidence of those who are in power are considered for their nomination to the Council. The selection of the members to be nominated by the Governor is done either on party lines or depending upon who was close or in good books was accessible to the Chief Minister of Maharashtra or High Command of the political party", the plea reads..He adds, “The members nominated by the Governor under Article 171 cannot be exempted from scrutiny in respect of their conduct”..An interim application in the matter has also been filed by an, activist SH Patil to restrain the State authorities from proceeding with any appointments to the posts presently vacant in the Legislative Council. .Patil's application points out that the Chief Minister of Maharashtra recently recommended 12 names for appointment as Legislative Council members. .These have been challenged by Patil as being outcomes of political patronage and on the basis of extraneous considerations. His application submits that these candidates are affiliated with one of three political parties i.e. the NCP, the INC and the Shiv Sena. .Advocate SB Talekar appeared for Awale before the Bench of Justices SC Gupte and MJ Jamdar to argue the matter on November 5..The Court observed that there was no urgency for hearing as the Governor was at present merely taking advice from the Council of Ministers and there was no question of enquiry into such advice..The Court, however, granted leave to move for urgent ad-interim relief before the Vacation Court, in case such a need arises..Apprehending that the process of nomination would begin from November 21, an interim application was moved before the Vacation Court to implead Patil in the matter..In turn, the Vacation Bench of Justices SS Shinde and MJ Jamdar has granted leave to add Patil into the plea and placed the plea and the interim application for hearing on the November 24, before the regular bench..[Read order of November 5 here].[Read petition here].[Read interim application here]