Nagpur: In an interesting twist for the reconstitution of the Legal Development Board, especially Vidarbha and Marathwada, between the Government of Maha Vikas Aghadi (MVA) and the BJP opposition, discussed that Indian President Ramnath Kovind did not extend their ownership after it was abundant on April 30 last year.
Citing Article 371 (2) Constitution, famous lawyer Firdos Mirza clarified the Maharashtra government could not do anything except permission for the extension originating from the country’s highest office.
“The last extension was given by the President Late Pranab Mukherjee on April 30, 2015.
After that there was no command issued for their extension and therefore their term of office was abundant on April 30, 2020.
Given the President’s first order in 1994, now this board.
Can not remain as The legal entity and the governor did not have the power to rave them now unless the new order came from the President, “he told toi.
Adjusting its view, former Advocate General Shreehari Aney now said that now the central government council needs to float proposals before the president to provide an extension to this council.
“Only after his approval, the board can be dissolved again.
The state does not have a role to play throughout the episode until then,” he said.
Aney said that Deputy Chief Minister Ajit Pawar ‘in the Assembly that the MVA government will rearrange this council if the Governor BS Koshyari nominates 12 MLCs on request does not have significance.
“Even the country cannot stop the governor of the reconstitution of this council after the presidential nod, because it will oppose constitutional requirements,” he said.
Senior adviser suggested BJP leadership led by opposition leader Devendra Fadnivis to give Prime Minister Narendra Modi and Interior Minister Amit Sity of the situation and asked them to advise the President to extend the 1994 Paving Order for Paving.
According to Mirza, the President in carrying out power based on Article 371 (2) applying ‘Maharashtra state (Governor’s special responsibility for Vidarbha, Marathwada, and the rest of Maharashtra) Order, 1994’, in accordance with the resolution skipped by Maharashtra’s legislature to build three development boards , On March 9, 1994, the President stated that the order would remain valid for five years.
On April 30, 1994, the governor which later was the Board clarified that his order would remain valid until it was stated by the President, which was until April 30, 1999.
“The President’s order came into force since May 1, 1994.
In the case of the sub-clause (3) clause 1, It was to remain valid until April 30, 1999.
The President was extended by the order in 1999 for five years, and then for one year in 2004, 2005.
With the two amendments in 2005, the order returned to be extended five years until 2010.
Finally, President Mukherjee signed an extension Until April 30, 2020, after that he had abundantly, “said a constitutional expert, too.