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Battle not over, Modi takes Lokayukt fight to Supreme Court
Far from giving up, Modi led Gujarat government has taken the
legal battle over the appointment of Lokayukt to Supreme Court. The
government maintains its stand that in issuing the warrant of
appointment of the Lokayukta, the Governor did not follow the
constitutional procedure of consultation with the Council of
Ministers and hence, the appointment was unconstitutional. The
appeal, filed by advocate E.C. Agrawala on the behalf of state
government, seeks an interim stay of the operation of the two
judgments of the high court.
The special leave petition traces the events that took place. It
says that as part of the consultation process for Lokayukta
appointment, Chief Minister Narendra Modi wrote a letter on March
2, 2010 to the Leader of the Opposition in the Assembly to
participate in the meeting who objected to such process of
consultation being initiated by the Chief Minister. While State
government is the authority to initiate the process but the
Governor on her own consulted the Leader of the Opposition who
informed the government that the consultation process was over.
Subsequently, on receipt of the recommendation of the name of
Justice R.A. Mehta from the then Chief Justice of the Gujarat High
Court on June 6, 2011, Modi wrote to him giving reasons why Justice
Mehta was not acceptable. Despite these developments, the Governor
issued the warrant dated August 25, 2011 appointing retired Justice
R.A. Mehta as Lokayukta.
The State government proclaims, “the High Court ought to have
appreciated that the entire proceedings leading to the appointment
of Justice Mehta as Lokayukta suffered from the basic
constitutional infirmity and procedural impropriety along with the
exercise of malice in law which go to the root of the matter,
whereby, the warrant of appointment under challenge is void ab
initio as being ultra vires Section 3 of the GLA Act and Article
163 of the Constitution.” The petition asserts that the personal
discretion exercised by the Governor was unwarranted since there
was no aid and advice of the Council of Ministers in that
behalf.
Clearly, Supreme Court, when it begins hearing the case, would
place a stay on High Court order until it arrives at a judgment and
Gujarat will remain 'Lokayukt-free' for some more time.
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