The Bombay High Court has reserved its order on a public interest litigation (PIL) filed against the office of the Governor of Maharashtra Bhagat Singh Koshyari for not taking a decision on the appointment of twelve members of the legislative council (MLC) in the state.
The recommendation made by the state government was sent to the governor about eight months ago. However, he had not taken any decision or even responded to the state government.
The issue before the court, then, was whether a judicial court can direct a governor to act. On this issue, Chief Justice Dipankar Datta noted, "Any constitutional functionary is bound by the Constitution. Any act which does not conform to the constitution - would it not be an ultra vires act? There is a constitutional duty which has not been followed."