Maharashtra political crisis: Governor's demand for election on vacant seats of Legislative Council from Election Commission

Maharashtra political crisis: Governor’s demand for election on vacant seats of Legislative Council from Election Commission

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New Delhi: In the midst of the current political crisis in Maharashtra, Governor Bhagat Singh Koshyari has asked the Election Commission to hold elections on 9 vacant seats of the Legislative Council. This information was given by Raj Bhavan on Thursday evening. Actually, Uddhav Thackeray is not a member of the Assembly or the Legislative Council at this time. He became the Chief Minister of the state without contesting elections.

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But according to Article 164 (4) of the Constitution, if a person from outside the House becomes a Minister or Chief Minister, then it is mandatory to become a member of the Legislative Assembly or the Legislative Council (the states which have it) within six months from the oath-taking.

Due to the coronavirus epidemic, it is not possible to get a by-election to the assembly or election to the Legislative Council. In such a situation, the proposal has been sent twice to Governor Bhagat Singh Koshyari on behalf of the state cabinet. In such a situation, Uddhav Thackeray’s nomination by the Governor in the Legislative Council is very important for him to remain the Chief Minister.

Uddhav Thackeray also spoke to PM Narendra Modi on Wednesday after receiving no response from Raj Bhavan. The state of experts is divided over the possible political crisis in Maharashtra. Is it necessary for the Governor to nominate Uddhav as per the proposal of the State Cabinet or is it at his discretion?

Constitution expert Subhash Kashyap says this will be the Governor’s decision. He said, “The constitution allows the governor to make a discretionary decision on an issue.” If the Governor decides that he will deal with an issue at his discretion, then it cannot be questioned. The Governor is bound to act on the advice of the Cabinet, but not when he decides at his discretion.”

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