The division bench of Chief Justice R Subhash Reddy and Justice V M Pancholi allowed the petitioner to add the Election Commission as a respondent and issued a notice to the poll body. The reply to the notice is to be filed by next Wednesday.
The state government, in its reply to the petition, had said it cannot appoint a full-time DGP at present due to the Model Code of Conduct in force ahead of next month's Assembly election.
He then asked for court's permission to add the EC as a respondent.
The PIL said that Gujarat had not had a permanent DGP since April 15, 2016 when P C Thakur was replaced by an in-charge DGP, P P Pandey.
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As per the Bombay Police (Gujarat Amendment) Act, 2007, the state must have a full-time DGP with a minimum tenure of two years, it said.
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