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Notice in petitions were issued by the Bombay High Court challenging the appointments of Radhakrishna Vikhe-Patil, Jaydutt Kshirsagar and Avinash Mahatekar as ministers in the Maharashtra government. This petition was filed by advocate Satish Talekar and other activists challenging the appointments of the three ministers, as they were not members of either House of the State Legislature.
One of the three ministers,Vikhe-Patil, was the Leader of Opposition in the state assembly, had resigned from the Congress and as a Member of the Legislative Assembly, further he was allotted the Housing portfolio in the recent cabinet reshuffle.Kshirsagar, who quit the Nationalist Congress Party (NCP) and joined the Shiv Sena, was given charge of the Employment Guarantee and Horticulture Ministry. It was argued by the petitioners that by-elections cannot be held, as the assembly will be dissolved in less than one year. Thus, the ministers ought to be disqualified. Reference was taken of the Representation of People’s Act,along with Article 164(4) of the Constitution of India to support their claims. The Election Commission is to fill the casual vacancies in a House of Parliament and state legislatures through by-elections within six months of the date of occurrence of the vacancy.
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