Maharashtra Council vacancies from Governor’s quota to be filled before Assembly elections

Mumbai: In what would be politically significant, the BJP-led Maha Yuti has decided to fill the 12 vacancies of Legislative Council from the Governor’s quota ahead of the Legislative Assembly elections in Maharashtra.

The dozen vacancies from the Governor’s quota exist since June, 2020.

The ruling Maha Yuti partners - BJP, Eknath Shinde-led Shiv Sena and Ajit Pawar-led NCP - have initiated decisions on the issue.

It is, however, not yet known whether the opposition Maha Vikas Aghadi would raise any objections.

With the Legislative Assembly polls, expected around September-October, the Maha Yuti wants to complete the exercise by the end of August.

“We want to finish the exercise of appointing MLCs from the Governor's quota by the end of August, before the model code of conduct comes into force. Besides, there are no Muslim members in the Council. We would also see that Muslims get representation,” a senior Maha Yuti leader said. The ratio among the three parties and its allies are being worked out for the 12 seats.

It may be mentioned, on 6 November, 2020, the then Shiv Sena-NCP-Congress government headed by Uddhav Thackeray had submitted 12 names to then Governor Bhagat Singh Koshyari for nomination to the Legislative Council from the Governor’s quota, however, he had kept it pending.

In June 2022, the Thackeray-government was toppled and Eknath Shinde became the Chief Minister with Devendra Fadnavis as Deputy Chief Minister.

In February 2023, Koshyari was replaced by Ramesh Bais.

In July 2023, Ajit Pawar joined the government as Deputy Chief Minister.

In Maharashtra, the Governor nominates 12 MLCs for tenure of six years – based on the recommendations of the state Cabinet.

According to Article171(5) of the Constitution: “The members to be nominated by the Governor under sub clause (e) of clause (3) shall consist of persons having special knowledge or practical experience in respect of such matters as the following, namely: literature, science, art, co-operative movement and social service.”

While the Governor has to go by the recommendations of the Cabinet, there is no deadline by which the Governor has to clear the nominations.

Now with a new government in place and a new Governor in office, the Cabinet would make fresh recommendations.

Since, there are some petitions in the Bombay High Court on this issue, the government is also seeking legal advice.