Mumbai: The Shiv Sena (UBT) faction has challenged Governor C P Radhakrishnan's decision to appoint seven MLAs for oath-taking in the Bombay High Court on Tuesday, demanding the cancellation of the swearing-in ceremony in the afternoon before the model code of conduct of the Election Commission comes into force.
The High Court has refused to give an urgent decision on the matter, explaining that the information provided by the petitioners will be used in its verdict. The matter was heard before Chief Justice Devendra Kumar Upadhyay.
Sunil Modi, the lawyer for the petitioner, informed Justice Upadhyay that seven persons were being appointed by the government as MLAs on Tuesday. At this time, state Advocate General Dr Birendra Saraf clarified that he could not take any stand on the decision. In reply, the court said it could not deliver an urgent decision, but the information would be considered in the decision on the pending petition in this case.
The Governor's appointment of seven Legislative Council members on behalf of the Maharashtra government is a famous one and the case against him will immediately come before the Chief Justice of the Bombay High Court.
The petition on the case of 12 MLCs appointed by the Governor is pending with the High Court. The petitioners of both sides filed arguments on October 7 and the case has been reserved by the court for final decision. When the court reserves any decision, other judges refrain from pronouncing any verdict before the final decision is declared.
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