Exactly seven months after Shreehari Aney resigned as Advocate General (AG), a petition has been filed in the Bombay High Court seeking for the post to be filled.
A petition filed on Friday by Legislative Council member Sanjay Dutt came up before a Division Bench of Justice S.C. Dharmadhikari and Justice B.P. Colabawalla urging the court to direct the State to appoint an AG under Article 165 of the Constitution. The Bench slated it for hearing after Diwali vacation.
The petition also sought that the post that has been held by the acting AG, Rohit Deo, since June 17 be declared as unconstitutional as it is not in accordance with the article.
Since 2014, the Bombay High Court has witnessed the post being filed by many but not for more than six months by any. On November 18, 2014, Sunil Manohar was appointed as AG, but resigned on June 9, 2015. On June 11, 2015, additional solicitor general Anil Singh was given an additional post of the acting AG. On October 14, 2015, Shreehari Aney was appointed as the AG and he resigned on March 22, 2016.
Court cannot do much
Talking to The Hindu , a former AG, who requested anonymity, said though the issue demands attention, the court cannot do much about it as the petition is seeking for the appointment of a constitutional post as opposed to an executive one. “All constitutional posts need to filled but this particular post is not vacant, because somebody is holding office. The acting AG is appointed as the associate AG as per Article 162 of the Constitution (extent of executive power of State). The issue is crucial because you need the consent of the AG for many laws in Maharashtra, which cannot be fulfilled by an acting AG. But the court really can’t do anything in this matter as it concerns a constitutional post; it’s like filing a petition to fill the post of the President.”
Mr. Aney said, “It is not about someone just discharging the duties; it is a constitutional post and has to be filled. The State cannot exist without an AG just like it cannot function without a Governor or Chief Minister.”
On October 14, the same Bench had said, “The less said the better about the State: if it does not even have an advocate general, it has nothing.”
First law officer
The AG is the first law officer of a State. The office corresponds to the office of the Attorney General of India and has similar functions within the State. The AG is appointed by the Governor.
