Maharashtra CM Uddhav Thackeray's nomination to state council hangs in balance; ruling MVA approaches Election Commission

New Delhi: The ruling parties in Maharashtra on Thursday (April 30) wrote to the Election Commission of India (ECI) asking it to conduct legislative council elections. The ruling Maha Vikas Aghadi (MVA) that includes Shiv Sena, Congress, and NCP, also apprised the ECI that they have requested Governor Bhagat Singh Koshyari to nominate Uddhav Thackeray but the latter has not agreed to it so far. 

Earlier on April 9, the Maharashtra cabinet had made a recommendation to nominate Chief Minister Uddhav Thackeray to the legislative council through the Governor's quota. The MVA leader reportedly met Koshiyari a few days ago to request him to nominate CM Uddhav to avoid political instability. 

According to media reports, CM Thackeray also made a phone call to Prime Minister Narendra Modi to tell him that attempts were being made to create political instability in the state, especially when Maharashtra is facing the COVID-19 crisis. Thackeray reportedly sought the Prime Minister's cooperation to resolve the constitutional crisis in the state.

In such a situation, CM Thackeray will be unseated if the Governor did not nominate him as a council member. According to Indian Constitution, any minister who "for any period of six consecutive months is not a member of the legislature of the state shall at the expiration of that period cease to be a minister". 

CM Uddhav Thackeray, who took charge as chief minister on November 28, 2019, need to become a member of the legislature within a month to continue in the post. Currently, he is not a member of either of the legislative houses. 

As per the Constitution, Governor Koshyari can nominate "persons with special knowledge or practical experience in respect of such matters as the following, namely: literature, science, art, the co-operative movement, and social service”. 

Currently, there are two vacancies as two NCP legislators shifted to the BJP. CM Thackeray can be nominated against these vacancies but the governor has so far kept quiet.