Maharashtra Advocate General Birendra Saraf Resigns After 3 Years; To Continue Till Successor Appointed

Mumbai: After representing the Maharashtra government for nearly three years and defending its policy decisions in a series of high-profile cases, Advocate General (AG) Birendra Saraf has resigned citing personal reasons.

Saraf confirmed to The Free Press Journal that he had submitted his resignation. “I decided to step down entirely due to personal reasons as I want to go back to private practice. It has been three satisfactory years to represent the state,” he said.

CM Informed of Decision

Chief Minister Devendra Fadnavis, who also holds the Law portfolio, informed the state cabinet on Tuesday about Saraf’s decision. In his resignation letter addressed to the CM last month, Saraf requested to be relieved, but also conveyed his willingness to continue until a successor is appointed. The government has asked him to continue as AG till January 2026, which he has agreed to.

Appointment and Tenure

Saraf was appointed Advocate General on December 15, 2022, during the Eknath Shinde-led government, following the resignation of senior advocate Ashutosh Kumbhakoni. Over the course of his tenure, Saraf became the state’s key legal voice in several politically and socially significant matters.

Legal Career and Background

A lawyer of over 29 years at the Bombay High Court (HC), Saraf was designated senior advocate in 2020. He is the son of Justice B.P. Saraf, former Bombay HC judge and later Chief Justice of the Jammu and Kashmir HC. He was office bearer of the Bombay Bar Association (BBA) representing.

Role as AG

As AG, Saraf defended state laws, government resolutions, and policy decisions before the HC. He also advised the Speaker of the Legislative Assembly on disqualification proceedings involving rival factions of the Shiv Sena and NCP. Notably, he played a central role in the government’s deliberations for the clearance of land in Bandra (East) for construction of a new 30-acre HC complex.

Notable Legal Wins

Saraf’s courtroom appearances often involved contentious public issues. In January 2023, he successfully opposed a plea by Rapido Bike Taxi challenging the government’s ban on use of non-transport vehicles for bike taxis. He defended the state’s move to rename Aurangabad and Osmanabad, which the HC upheld.

His arguments also prevailed in a case upholding the government’s decision to peg lease rents of Mumbai lands to the ready reckoner value, which the court termed “reasonable” and “keeping with the times.”

Other High-Profile Cases

He stood by the Shinde government’s ambitious scheme, Mukhya Mantri Majhi Ladki Bahin Yojana, when it faced judicial scrutiny, with the HC dismissing challenges to its implementation. More recently, he secured a favourable verdict upholding the state’s plan to construct a passenger jetty and terminal facilities near the Gateway of India, a decision later sustained by the Supreme Court.

Setbacks During Tenure

At the same time, Saraf had his share of setbacks. In February 2025, the HC struck down the government’s termination of a contract with French-origin firm Systra MVA Consulting, which had been awarded design consultancy services for three Metro lines.

Representation in Suo Motu Matters

He also represented the state in several suo motu proceedings before the HC, including those arising from the Badlapur sexual assault case, which culminated in guidelines for protecting children in schools. Other matters included air pollution in Mumbai, deaths in government hospitals, and immersion of Plaster of Paris idols in natural water bodies.

Role in Reservation and Quota Matters

Saraf was also counsel for the government during hearings on the Maratha reservation issue in 2024 and represented the state amid quota agitations led by activist Manoj Jarange Patil in South Mumbai early this month.

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Support for Legal Reforms

He also supported the video recording of proceedings under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act as prescribed under the 15A (10) of the Act. He successfully also challenged the order of Maharashtra Administrative Tribunal directing the State to revert police officers transferred during elections back to their original place.

Looking Back at Tenure

Looking back, Saraf described his tenure as “satisfactory” but said it was now time to move on. “I want to go back to private practice,” he reiterated.

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