Uddhav Thackeray has become Chief Minister of Maharashtra on 28 November 2019. He did not contest elections and took the oath of the Chief Minister without becoming an MLA.
Maharashtra is the state which is the Legislative Assembly and the Legislative Council also. Uddhav was to become a member of any one House within six months. It is going to be six months but he has not been able to become a member of any House.
Elections were to be held on 24 April 2020 for the seven seats of the Legislative Council in Maharashtra. However, due to the Corona epidemic, the Election Commission has put an end to all types of elections indefinitely.
On 27 May 2020, the term of Uddhav Thackeray as Chief Minister will be completed for six months. In such a situation, on April 6, the state cabinet has recommended nominating Uddhav Thackeray as a member of the Legislative Council on behalf of the Governor of the state.
This recommendation of the cabinet was sent to Governor Bhagat Singh Koshyari. The state Deputy Chief Minister Ajit Pawar presided over the cabinet meeting.
But, Governor Bhagat Singh Koshyari has not yet decided on this proposal. The delay in taking the decision on behalf of the Governor has created an atmosphere of political tension. Given the state of indecision from the Governor, there has been a sudden spurt in political enthusiasts in the state. On Wednesday, the Cabinet of Maharashtra met Governor Bhagat Singh Koshyari.
On the other hand, Uddhav Thackeray spoke to Prime Minister Narendra Modi on Wednesday. It is believed that Uddhav Thackeray has spoken on the possible political crisis in Maharashtra. According to the news, PM Modi has assured him to look into this issue. Opposition leaders got a chance?
Shiv Sena Rajya Sabha member Sanjay Raut said in a tweet that the Governor has not yet accepted the decision of the cabinet.
Raut has said in his tweet, “The Raj Bhavan (Governor’s residence) should not become the hub of cheap politics. I do not know why the current situation reminds me of a governor named Ramlal. Sensible enough is enough.”
Speaking to BBC Marathi Service, Sanjay Raut said, “The opposition party is doing politics on this issue. The opposition is still hopeful that the governor should take a negative decision on Uddhav Thackeray’s membership. After that, he jumped like a frog Claims for the post of chairperson. In the past, many ministers have been nominated by the Governor as members of the Legislative Council. We also understand political science. Uddhav Thackeray will continue to be the chief minister even after 27 May 2020, despite the shouts of Sh.
Ashish Shelar, a former minister and senior leader of the Mumbai BJP has criticized Sanjay Raut’s statement.
Shelar said that a few months ago they nominated two vacant seats. But, why did the NCP, the Shiv Sena’s ally, not send Uddhav Thackeray’s name then? Accusing the governor is a sign of political immaturity.
Are The Governors Bound To Decide?
Senior journalist Abhay Deshpande says that at this time the whole country and state are struggling with a serious crisis of Corona. In such a situation, the election to be held on April 24 has been postponed. Previously no one had any idea that elections would be postponed.
Deshpande said that It was decided that Uddhav Thackeray will be contesting the Legislative Council elections that are on April 24. In such a situation, he did not participate in the earlier by-elections. Now Corona has created an extraordinary situation. In this way, It seems that now the governor will have to decide.
Deshpande says – Even in the time of this Corona crisis if the Governor does not make any decision, the whole cabinet will resign for this and then they will again come to the Governor to form the government. In this way, the process of government formation will be completed again.
Understanding this, it seems that the Governor will have to decide on the membership of Uddhav Thackeray.
What Does The Constitution Say?
Does the governor have the right to decide when Uddhav Thackeray’s time as chief minister is over without becoming a member of any house, now?
As a governor, he can appoint someone as a member, can he also dismiss someone’s membership?
We have tried to know the answers to these questions, what does the Constitution say on these issues.
Former Maharashtra Advocate General Srihari Ane says, “The governor has the right to nominate Uddhav Thackeray as a member of the Legislative Council before his six-month term is over.” But for this, it is necessary to vacate the seat of the member of the Legislative Council. It is in the right of the Governor to nominate someone as a member, along with that he can also dismiss someone’s membership. However, the governor should have some strong reason for dismissing membership in this way. The governor cannot cancel the appointment without any reason. “
Anay says that in this case, if the Governor rejects the appointment, Uddhav Thackeray will have to resign from the post of Chief Minister, but this will not dissolve the entire Council of Ministers. The cabinet will elect its new chief minister, that is, the government will remain.
Advocate Vaibhav Bhure, a constitutional expert, says, “Article 171 of the Constitution speaks about the structure of the state legislature. According to Article 171 (3) (e) of the Constitution, the Governor would have the right to nominate certain members of the Legislative Council. According to article 171 (5), any person who has special knowledge or experience in the literature, art, science, participatory movement, or social work or on-the-ground experience, should Jypal legislation can nominate members of the Council. ”
Advocate Vaibhav Bhure told BBC Marathi Service that given that Uddhav Thackeray is a wildlife photographer and active in public life, in the current situation, the Governor may nominate him as MLC. This kind of example is found in Uttar Pradesh. In 1961, then Chief Minister Chandrabhan Gupta was appointed MLC by the Governor of UP. His nomination was challenged by a petition in the Allahabad court.