JUDGMENT :

Dipankar Datta, J.

INTRODUCTION

1. This Public Interest Litigation raises an interesting question in regard to the powers and role of the Governor to make nomination on the Legislative Council as conferred by clauses (3)(e) and (5) of Article 171 of the Constitution read with section 10 of the Representation of People Act, 1950 (hereafter “the 1950 Act”) and the Third Schedule thereto.

2. Maharashtra is one of the few Indian States the Legislature whereof has two houses, i.e., the Legislative Assembly and the Legislative Council. The Legislative Assembly is comprised of 288 members, who are chosen by direct election from territorial constituencies in the State. Article 171(1) of the Constitution ordains that the total number of members in the Legislative Council shall not exceed one-third of the total number of members in the Legislative Assembly of that State whereas, the proviso thereto, ordains that the number of members in any case shall not be less than forty.

3. Clause (2) of Article 171 of the Constitution ordains that until Parliament by law otherwise provides, the composition of the Legislative Council of a State shall be as provided in clause (3). For facility of re