The high court here on Wednesday upheld the appointment of the Lokayukta by the Governor, rejecting the state government’s plea, three months after it gave a split verdict.
The state government said it would appeal against the 2: 1 majority decision in the Supreme Court after seeking legal advice.
Judge V M Sahai, who dismissed the plea, was given the task of hearing the challenge against the appointment following the split verdict of a two-judge bench. The chief minister had maintained that Governor Kamla Beniwal acted unconstitutionally in selecting the ombudsman as the state government had not been consulted.
Beniwal had appointed retired judge R A Mehta to the post on August 25, triggering a confrontation with the government. The post had been vacant for eight years.
“I could not persuade myself, that the petitions be allowed, and agree with the opinion of judge Sonia Gokani,” said judge V M Sahai. “I am in complete agreement with the view taken by judge Akil Kureshi that these petitions are to be dismissed. I do not find any merit in them.”
On October 11, Kureshi had upheld the decision of the Governor while Gokani had quashed the warrant of appointment, terming it unconstitutional.
Mehta, however, remained unfazed over the legal battle and the stands taken by rival political parties.
