Kolhapur Bench Transfers Dispute Over Governor-Appointed MLAs to Bombay High Court
Kolhapur
The Kolhapur Circuit Bench has moved a petition challenging the appointment of governor-nominated MLAs to the Bombay High Court, deeming the issue a statewide constitutional concern beyond regional jurisdiction.
Kolhapur| December 5, 2025: A petition contesting the legality of several MLAs appointed by the governor has been transferred from the Kolhapur Circuit Bench to the Bombay High Court’s principal bench in Mumbai. The petition initially heard by the local bench was moved after the presiding judge, Makrand Karnik, concluded the matter raises significant constitutional questions that affect the entire state, not just the Kolhapur region.
The legal challenge concerns the appointment of 12 members to the Legislative Council by the governor, a move critics argue was done without adherence to constitutional mandates. Specifically, the petitioners cite a violation of Article 173(G) of the Constitution of India, asserting that the appointments were illegal.
During recent hearings, the court heard arguments from the petitioners’ lawyers who maintained that the governor’s nominations lacked the required constitutional basis. Recognizing the broader implications for Maharashtra’s legislative process, Judge Karnik decided the matter should be adjudicated by the Bombay High Court’s principal bench for a more authoritative ruling.
The decision to transfer the petition underscores the gravity of the issue: it is not merely a local dispute but one that potentially affects the legitimacy of multiple legislative appointments across the state. The principal bench is expected to frame an appropriate legal test to examine whether the governor’s appointments complied with constitutional norms.
Political observers note that the High Court’s ruling could have wide-ranging consequences possibly determining the validity of the current Legislative Council membership and influencing future gubernatorial nominations in Maharashtra. For now, all eyes are on Mumbai as the matter moves to a higher judicial forum.
