An unnecessary political drama brews in Maharashtra

Maharashtra Governor BS Koshyari has gone in for a complicated solution to an issue that he could have been solved easily. He has requested the Election Commission to hold elections to the nine vacant seats in the Legislative Council soon, and if Chief Minister Uddhav Thackeray wins a seat in these elections, he can continue as chief minister beyond May 28. Thackeray has to become a member of the Assembly or the Council before that date if he has to continue in office. The state cabinet had requested the Governor to nominate Thackeray to one of the vacant seats under the Governor's quota. But the Governor wrongly refused to do so. Instead, he has passed the buck to the EC at a time when the commission has held all elections in abeyance in view of the COVID-19 pandemic. The Governor could instead have nominated Thackeray to the seat and ended all uncertainty and recrimination.

It is strange that the Governor took this course because he has no discretion to nominate a person of his choice or to reject the cabinet’s recommendation. The Calcutta High Court has ruled in a similar case that the Governor has to go by the aid and advice of the cabinet in the case of nominations. Moreover, this is an extraordinary situation as the EC has decided not to hold any election for the time being. By refusing to nominate Thackeray to the Council, the Governor was pushing the state into a constitutional and political crisis. It may be argued that the coalition can elect another leader, but the Governor has no right to create such a situation. It is tantamount to attempting to dismiss a ministry, or staging a coup.

The Election Commission’s response is not known. It can still stick to its decision of not holding the elections, in which case Maharashtra will be subject to further political uncertainty. The state cannot afford such uncertainty or a leadership change now when it is in the midst of its fight against COVID-19. It is the worst-hit state in the country and needs political stability and uninterrupted leadership to sustain the campaign. It is unlikely that the Governor was acting on his own. He could only have been acting at the behest of the Centre. Thackeray had to seek the Prime Minister’s intervention in the matter. But there is still no satisfactory solution to the issue. Is all this political drama necessary in the midst of a raging pandemic?