The bench of Chief Justice Alok Aradhe and Justice Anil Kumar Jukanti, disposing of the two pleas, on the appointments of MLCs said that the Governor was bound to act on the aid and advice of the Council of Ministers while exercising powers under Article 171 (5) of the Constitution of India.
The bench, however, noted in the order that it was open for the Governor to re-examine the issue of eligibility of the petitioners on the recommendation made by the Council of Ministers.
The Governor also had the power to remit the matter back to the Council of Ministers asking the latter to furnish the request afresh for reconsideration of the recommendation made by it. The judgment said that the Governor was not an officer of the court under Article 361 of the Constitution of India. Now there is aneed for fresh appointments of MLCs.
