The seats in the legislative council "cannot be kept vacant indefinitely", noted the Bombay High Court nudging the Maharashtra Governor and the Chief Minister to discuss the issue of nominating members to the council - underlining that a delay of eight months in deciding the issue is beyond reasonable time.
The Maharashtra government had moved court over the Governor delaying the issue of nominating 12 members to the legislative council.
"This court cannot issue orders to the Governor but it hopes that the Governor will decide on the matter soon," said the Bombay High Court.
"If there is an issue with any of the names then the Governor and Chief Minister must discuss the issue," the court added.
The obligation of the Governor to accept or return the recommendation, the High Court said, by the state council of ministers has to be discharged within a reasonable time. The bench said the seats in the state council "cannot be kept vacant indefinitely".
The court said that while the Governor might have genuine reasons not to convey his decision earlier, the issue has to be resolved at the earliest. "Whatever be the reason, it is time that the impasse is resolved... Eight months seems to be beyond reasonable time," the bench said.
The Maharashtra government had told the Bombay High Court that it sent to the Governor a list with names of 12 persons to be nominated to the Legislative Council eight months ago.
The government's affidavit said the power of the Governor to make these nominations does not fall in the category of the 'discretionary powers' conferred on the occupant of the top constitutional office.
The Maharashtra Governor, Bhagat Singh Koshyari, has kept the proposal of the cabinet pending so far and not taken any decision on the matter.
"He must decide it either way. There is something he has to do. He can't keep it in his drawer, not to see the light of day," the court had observed during the hearing earlier.
Sources say actor-turned-politician Urmila Matondkar, Congress leader Sachin Sawant are among the twelve names in the list sent to the Governor.
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