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Following the face-off between Gujarat governnor Dr Kamla Beniwal and chief minister Narendra Modi over the appointment of state Lokayukta by the former, the state government is likely to propose amendments to the existing Gujarat Lokayukta Act, 1986, and table it in the state assembly next week.
The amendment, which according to sources in the government, is likely to empower the council of minister and the chief minister for the appointment of lokayukta in the state. Also, amendment bill proposes to bring office-bearers of local bodies under the ambit of Lokayukta.
This was earlier rejected by the Governor and returned for reconsideration of the ministers. At present only chief minister, ministers, deputy chief minister, chairmen of boards and corporations, vice-chancellors of universities and public servants defined under the Section 21 of Indian Penal Code are covered under the act.
Last year, the governor had objected to expansion of ambit of the Lokayukta on the grounds that the amendment may divert the purpose of the original Lokayukta Act which was meant to be a watchdog on the highest constitutional office-bearers like chief minister and ministers. The Governor had further claimed that expansion of the workload by inclusion of the office-bearers from panchayat to municipalities will make Lokayukta unable to focus on his primary work as lokayukta would be a single person and may not be able to handle the expanded workload.
Last year, the state government had proposed an ordinance to amend the Lokayukta Act on immediate basis to restrict role of the governor and Gujarat chief justice in the appointment of Lokayukta. This ordinance, which was rejected by governor Dr Kamla Beniwal, had sought to empower the CM and the cabinet to select of the Lokayukta.
In August 2011 Governor Dr Kamla Beniwal had issued a warrant appointing retd Gujarat High Court Justice R A Mehta as Lokayukta, overruling the decision of the Modi led council of ministers who were against Mehta's appointment.
Following this the government challenged the Governor's decision in the High Court terming it as unconstitutional. The High Court upheld the Governor's decision through a majority decision of 2-1. This HC order was challenged in the Supreme Court by the Gujarat government. The Apex Court also upheld the Governor's decision to appoint Mehta as Lokayukta.
Modi government filed a review petition in the SC which was dismissed last week upholding the appointment of Mehta as the state Lokayukta by Governor Kamla Beniwal. The petition had sought a re-look into the judgement which had dismissed the Narendra Modi government's plea that the appointment of Lokayukta was illegal as it was done without consulting it. A bench of justices B S Chauhan and F M Ibrahim Kalifulla did not find merit in the review petition filed by the state government.
