‘Devp boards delayed as Centre failed in its executive function’

Nagpur: The pro-Vidarbha activists, who had filed a PIL for reconstitution of the statutory development boards in the state, say the Centre has failed to perform its executive function. “By not taking any decision on the proposal forwarded by the Maharashtra govt through governor and by not rendering advice to the President of India, the Union of India has failed to perform its executive function.Therefore, it is liable for directives from the court for performing its executive function,” petitioners’ lawyer Firdos Mirza contended.
Mirza’s submission came during the hearing on a PIL by pro-Vidarbha activists Nitin Ronghe and Kapil Chandrayan, a former Vidarbha Statutory Development Board (VSDB) member.

The petitioners argue that the boards are crucial for the progress of Vidarbha.
The development boards for Vidarbha, Marathwada, and other regions were established in 1994. The petition accused the former Maha Vikas Aghadi (MVA) govt under the then chief minister Uddhav Thackeray of failing to make new appointments after the previous term of these boards ended on April 30, 2020.
In 2022, the Maharashtra govt had submitted a proposal to the Union Ministry of Home Affairs (MHA) seeking an extension for the boards and sent several reminders. However, no decision was taken. As per the petitioners, for the extension to proceed, the President must approve the proposal after receiving consent from the central govt.
A division bench comprising Justices Nitin Sambre and Abhay Mantri on Monday adjourned the hearing till Thursday.
Mirza earlier informed that the Union of India did not take the decision on the proposal forwarded by the governor for reconstitution of development boards and, therefore, frustrated the constitutional obligation imposed on the governor under Article 371 of Constitution of India.
“Though there is delay from the govt in forwarding the proposal, still the Union of India had not performed its obligation. The constitution of boards is a constitutional obligation under Article 371(2) of the President of India and it is an executive function of council of ministers to give aid and advice to him under Article 74 of the Constitution of India,” he argued.