As delay over MLC nomination persists, Maha CM Uddhav Thackeray dials PM Modi: Sources

As per sources, Maharashtra Chief Minister Uddhav Thackeray had a telephonic conversation with Prime Minister Narendra Modi on Wednesday regarding Governor Bhagat Singh Koshyari's inaction on the Cabinet recommendation to nominate him to the state Legislative Council. Thackeray reportedly conveyed to the PM that some BJP leaders in the state were creating a roadblock for him. On Tuesday, senior ministers of the Maha Vikas Aghadi government personally met the Governor requesting him to consider Thackeray's nomination. Despite being sworn in as the Maharashtra CM on November 28, 2019, the Shiv Sena chief is yet to be elected to the Legislative Assembly or the Legislative Council. 

Read: Uddhav Cabinet To Discuss CM's MLC Nomination As Deadline Nears; Mulling EC & SC Options

The hurdle for the MLC post

As per Article 164(4) of the Constitution, a non-legislator ceases to be a minister if he is not elected to either House of the legislature within a period of 6 months. Thackeray was set to be fielded as a candidate to one of the 9 MLC seats falling vacant on April 24. However, the Election Commission of India indefinitely postponed the Rajya Sabha and Legislative Council polls in the current period owing to the COVID-19 crisis. Thus, the only option for Thackeray is to enter the Legislative Council as a nominated member.

While two of the 12 nominated member seats are vacant at the moment, their term expires on June 6, 2020. Moreover, Section 151 A of the Representation of the People Act, 1951 says that election to the post cannot be done if “the remainder of the term of a member in relation to a vacancy is less than one year”. However, it is unclear whether this provision applies to nominated members as well. 

Read: Irrfan Khan's Demise: Maharashtra CM Uddhav Thackeray Condoles Actor's Death; Hails Spirit

Sanjay Raut questions the intentions of Governor

Earlier in the day, sources revealed that the Maharashtra government is contemplating approaching the Election Commission of India asking for an election to the Legislative Council to be scheduled while maintaining social distancing norms. There is also a possibility that MVA leaders might seek relief from the Supreme Court. The Maharashtra Cabinet had originally approved Thackeray's name for the Legislative Council on April 9. While the MVA leaders have refrained from commenting on this issue, Sena Rajya Sabha MP Sanjay Raut recently warned against the Raj Bhavan becoming a "centre for political conspiracy". 

Read: Subramanian Swamy To File PIL For CBI Inquiry In Palghar Mob Lynching; Offers Uddhav A Tip

Read: Uddhav Thackeray Declares 'Won't Resume Trains In Maharashtra', Adds 'lockdown Is Working'