POLITICS
Thackrey may get elected to legislative council but its tenure ends on June 6
By IndianMandarins- 11 Apr 2020
616Maharashtra has been the worst affected by the COVID-19 pandemic and there have been bouquets and brickbats for CM Udhdhav Thackrey on the issue of handling the crisis as the state has got the maximum number of Coronavirus infection cases. But what is going to trouble him the most is his election to any of the houses before six months in the office however his name has been nominated for the legislative council. So the Maharashtra government has to tread very cautiously as the election or nomination of chief minister Udhdhav Thackrey is concerned. Maharashtra cabinet passed a resolution recommending governor Bhagat Singh Koshyari to nominate the state CM from his quota to the Legislative Council but unfortunately Thackrey will be able to enjoy tenure to Upper House just for two months as term of the two vacant seats from the quota ends on June 6, 2020. Election for Legislative Assembly or Council could not have been made possible due to a nationwide lockdown due to COVID-19. Udhdhav Thackrey had taken over reins of the state on November 28, 2019 is not a member of any of the houses and has six months to get elected to either of the House. The six-month deadline for the CM to get elected ends on May 28, 2020 and if he is not nominated or elected during the stipulated time, not just him but the entire cabinet would have to resign. He will have to be re-nominated by the Governor to continue to work as the CM after June 6. In this situation of uncertainty due to the outbreak, the question is what will happen after June 6, 2020 when Thackeray’s term as a potential MLC ends. If the governor re-nominates him to the Upper House, all may be well. But, there could be a legal tangle over whether a person can be reappointed as a minister without being elected to any House. There is an SC judgment issued on August 17, 2001, which has termed such re-appointment of a minister in Punjab government without getting elected as improper and undemocratic. Tej Prakash Singh had resigned from the position as a minister on March 8, 1996 but was reappointed without getting elected to the legislative assembly as a minister on November 23, 1996, which was challenged in the court of law. However the government is looking at every possible option to deal with the scenario.
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Thackrey may get elected to legislative council but its tenure ends on June 6
By IndianMandarins - 2020-04-11 14:54:00
Maharashtra has been the worst affected by the COVID-19 pandemic and there have been bouquets and brickbats for CM Udhdhav Thackrey on the issue of handling the crisis as the state has got the maximum number of Coronavirus infection cases.
But what is going to trouble him the most is his election to any of the houses before six months in the office however his name has been nominated for the legislative council. So the Maharashtra government has to tread very cautiously as the election or nomination of chief minister Udhdhav Thackrey is concerned.
Maharashtra cabinet passed a resolution recommending governor Bhagat Singh Koshyari to nominate the state CM from his quota to the Legislative Council but unfortunately Thackrey will be able to enjoy tenure to Upper House just for two months as term of the two vacant seats from the quota ends on June 6, 2020. Election for Legislative Assembly or Council could not have been made possible due to a nationwide lockdown due to COVID-19.
Udhdhav Thackrey had taken over reins of the state on November 28, 2019 is not a member of any of the houses and has six months to get elected to either of the House. The six-month deadline for the CM to get elected ends on May 28, 2020 and if he is not nominated or elected during the stipulated time, not just him but the entire cabinet would have to resign. He will have to be re-nominated by the Governor to continue to work as the CM after June 6.
In this situation of uncertainty due to the outbreak, the question is what will happen after June 6, 2020 when Thackeray’s term as a potential MLC ends. If the governor re-nominates him to the Upper House, all may be well. But, there could be a legal tangle over whether a person can be reappointed as a minister without being elected to any House.
There is an SC judgment issued on August 17, 2001, which has termed such re-appointment of a minister in Punjab government without getting elected as improper and undemocratic. Tej Prakash Singh had resigned from the position as a minister on March 8, 1996 but was reappointed without getting elected to the legislative assembly as a minister on November 23, 1996, which was challenged in the court of law. However the government is looking at every possible option to deal with the scenario.
