On September 26–2022, the SC bench led by Justice KM Joseph had directed Maharashtra government not to take any steps in connection to the vacant posts till October 14. (Representational Image)
SC allows withdrawal of plea in which it had restrained govt from steps on 12 MLC posts
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The Supreme Court on Tuesday disposed of as withdrawn a special leave petition (SLP) filed by Nashik-based Ratan Soli Luth who had challenged the August 13, 2021 order of Bombay High Court pertaining to vacancy of 12 members of the Legislative Council (MLCs) to be nominated by the Governor.
“However, the court has not expressed any opinion on the question of law raised, which is kept open to be agitated in an appropriate case,” the bench led by Chief Justice of India (CJI) DY Chandrachud noted in its order. It granted liberty to the intervenor in the matter to file independent proceedings in the matter.
On September 26–2022, the SC bench led by Justice KM Joseph had directed Maharashtra government not to take any steps in connection to the vacant posts till October 14.
Luth had submitted that on September 5, 2022, the then Governor, without taking any reasonable decision on the nominations, deemed it appropriate to return the same to the government. Luth had submitted that following this, fresh nominations may be made to fill up the 12 vacancies.
The SC had then said that the “matter needs consideration” and later, the same interim order was continued by the apex court, from time to time, on different occasions till July 11.
On September 5 last year, the then Governor Bhagat Singh Koshyari had approved Eknath Shinde-led government’s recommendation to withdraw the 12 names suggested by the previous Maha Vikas Aghadi in 2020 to be nominated as MLCs.
Article 171 (5) of the Constitution provides that members to be nominated to the Legislative Council by the Governor should be persons having special knowledge or practical experience in literature, science, art, cooperative movement and social service.
The Bombay High Court bench led by then Chief Justice Dipankar Datta (now SC judge), in its August–2021 order had said, that it is “desirable” that Koshyari decides on the of the state Cabinet on nominating 12 MLCs at the earliest, since maore than eight months had already passed. It had added that it was the Governor’s obligation to accept or return recommendations made by the Cabinet within a reasonable time, and that seats in the Legislative Council “cannot be kept vacant indefinitely”.
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Thereafter, the petitioner Luth had filed the SLP in the apex court, stating that it was binding on the Governor to decide and give reasons on the names recommended by the Cabinet.
On Tuesday, Luth moved an interlocutory application for withdrawal of proceedings in the SLP, before a bench comprising of CJI Chandrachud and Justices P S Narsimha and Manoj Misra, which allowed the same.
Senior advocate Nikhil Nayyar representing the intervenor submitted that he has applied for transposition of his intervention plea, after which the court granted him to institute independent proceedings.
“The interlocutory application is disposed of, permitting withdrawal of the SLP in the above terms. Pending applications, if any, including the application for intervention, stand disposed of,” the CJI-led bench held in its order.
Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions.
Expertise & Authority
Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage.
Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in:
Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include:
Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes).
Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty).
Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict.
Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability.
Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges.
Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More
