Tuesday, Aug 11, 2020 | Last Update : 07:18 PM IST

140th Day Of Lockdown

Maharashtra52451335842118050 Tamil Nadu3028752446755041 Andhra Pradesh2355251456362116 Karnataka182354991263312 Delhi1461341316574131 Uttar Pradesh126722767212120 West Bengal98459671202059 Bihar8274154139450 Telangana8075157586637 Gujarat71064542382652 Assam5883842326145 Rajasthan5249738235789 Odisha4592731785321 Haryana4163534781483 Madhya Pradesh3902529020996 Kerala3433121832109 Jammu and Kashmir2489717003472 Punjab2390315319586 Jharkhand185168998177 Chhatisgarh12148880996 Uttarakhand96326134125 Goa871259575 Tripura6161417641 Puducherry5382320187 Manipur3752204411 Himachal Pradesh3371218114 Nagaland30119738 Arunachal Pradesh223115923 Chandigarh1595100425 Meghalaya11154986 Sikkim9105101 Mizoram6203230
  Metros   Mumbai  14 Sep 2019  Appointments morally incorrect: Bombay HC

Appointments morally incorrect: Bombay HC

Published : Sep 14, 2019, 2:06 am IST
Updated : Sep 14, 2019, 2:06 am IST

Bombay HC rejected a petition challenging the allotment of ministerial posts to political turncoats Radhakrishna Vikhe-Patil and Jaydutt Kshirsagar.

Bombay high court
 Bombay high court

The Bombay high court on Friday rejected a petition challenging the allotment of ministerial posts to political turncoats Radhakrishna Vikhe-Patil and Jaydutt Kshirsagar, and RPI leader Avinash Mahatekar, who are not members of the state legislature. The court, however, noted that such appointments are not “morally correct”.

A division bench of Justices S.C. Dharmadhikari and G.S. Patel was hearing a petition filed by Surinder Arora, Sanjay Kale and Sandeep Kulkarni, who stated that all three leaders should be disqualified as they did not intend to get elected to either House of the state legislature. According to the Constitution, a member of the council of ministers must become member of legislature within six months of his assignment, if he or she is already not a member.


Mr Vikhe-Patil had joined the Bharatiya Janata Party (BJP) after quitting Congress and resigning as an MLA while Mr Kshirsagar — formerly with the NCP — had resigned from the Assembly last month. With less than three months left for the Assembly poll, the two did not need contest any election till then. Similarly, Mr Mahatekar was made a minister last month even though he is not an MLA and there is no likelihood that he will become member of the state legislature during the current government’s term.

On Friday, the court refused to quash their appointment as ministers, but noted in its judgment that these leaders might have decided to join the party after looking at the vote percentage of BJP in the Lok Sabha polls.


“The ministers have been inducted in the state Assembly merely for political gains and convenience. We do not endorse this. What has been done may strictly not be morally correct and may have been a political plot, but we cannot hold that the ministers defected and disqualified,” the court said.

Mr Vikhe-Patil, who was the Leader of Opposition in the Maharashtra Assembly till he joined the BJP, was inducted into the Devendra Fadnavis Cabinet as the housing minister in June 2019. Mr Kshirsagar was allotted the employment guarantee and horticulture department while Mr Mahatekar was appointed as a junior minister during the recent state Cabinet expansion.


In the last hearing of the matter, government counsel V.A. Thorat had opposed the plea and argued that the three could hold ministerial charge for six months and would have to get elected to the state legislature within this period. 

Tags: bombay high court, radhakrishna vikhe-patil