HC: Uddhav-guv trust deficit has hit decision-making

MUMBAI: The Bombay HC on Wednesday called out the deterioration in ties between the state’s highest constitutional functionaries — the chief minister and the governor — saying they “do not trust each other” and this had begun to affect decision-making. It was referring to the stalemate between Uddhav Thackeray and Bhagat Singh Koshyari over the nomination of 12 members to the legislative council (MLCs).
The HC was hearing PILs—one by BJP MLA from Jalgaon, Girish Mahajan, and another by Mumbai resident Janak Vyas—that challenged a new rule of a voice vote for the Speaker’s election. The earlier Speaker, Nana Patole, had resigned on February 5, 2021. Since then the post has been vacant. The HC bench of chief justice Dipankar Datta and justice M S Karnik dismissed the PILs, but not before commenting on the political standoff and its impact on the legislature.
In oral observations, the HC said it was 8 months since it passed an order on the 12 MLCs case “and still nothing has happened.” The CM as “head of the executive” has “to run the state,” said the judges. “Sort this out between yourselves. We all read governor and CM are not on the same page and who is suffering in all this?”
The HC questioned the basis for attributing public interest to the speaker’s election. The HC told senior counsel Mahesh Jethmalani for Mahajan and Subhash Jha for Vyas, “Unless it deals with public at large, cannot be entertained as a PIL.”
Earlier this month, state advocate general Ashutosh Kumbhakoni had objected to the PILs. The high court said the speaker’s election is by a vote and the petitioners cannot say the CM has taken upon himself the power to appoint a speaker. The PILs while challenging the new poll procedure said the voting method would be “the death of democracy.” The bench said last year too it was argued during the hearing on the MLC case that “democracy will collapse”. “Has democracy died because the governor hasn’t nominated the 12 MLCs yet?” the judges asked.