Two-judge bench has referred the case to a larger bench.
In a split verdict on Gujarat Lokayukta appointment, the two-judge bench of Gujarat high court on Monday referred the case to a larger bench. While justice Akil Qureshi upheld the appointment of Lokayukta by the governor, the other judge on the bench, justice Sonia Gokani disagreed with him. The Gujarat government had approached the high court challenging the appointment of Lokayukta by the governor Kamla Beniwal on the ground that the appointment was unconstitutional and was made bypassing the state government.
While justice Qureshi rejected state government's contention that the Governor acted without the aid and advice of the council of ministers stating that it cannot be held right in this case as it was a peculiar case, justice Gokani disagreed with him. The two-judge bench referred the case to a larger bench.
In his order, justice Qureshi said the post of Lokayukta was lying vacant for the last 8 years and there was a deadlock between the chief justice of the high court and chief minister on the name of justice Mehta.When the chief justice suggested justice Mehta's name, the chief minister and his council of ministers rejected Mehta's name. At such a stage, the opinion of the chief justice of high court is supreme, justice Qureshi added.
Governor Beniwal had appointed justice RA Mehta as Lokayukta of the state on August 25 by issuing a notification without consulting the council of ministers. Challenging this appointment, state government filed a petition on August 26 in the Gujarat High Court on the ground that the appointment was unconstitutional and was made bypassing the state government.
Qureshi further stated that since the last Lokayukta retired in 2003, the government did not not begin consultation process till 2006. And when the consultation process began in 2006, there was no appointment till 2011, which is five years. "We are of the view that the post of Lokayukta has an important role to play in the present socio-economic situation and should not not lie vacant for long," justice Qureshi said. The government had alleged that the appointment of Lokayukta was backed by congress with the Governor acting on behest of the opposition party. The state government had named the governor and newly appointed lokayukta justice RA Mehta as respondents in its petition.
Governor's counsel S N Shelat had contended that the governor or member of his or her office cannot be made a respondent under article 361 of Constitution and directed the state government to amend the petition by deleting the governor's name as a respondent in it. Subsequent to the court's order of removing the governor's name as one of the respondents in the case, justice Mehta was made respondent in the case.
The appointed of Lokayukta was made in consultation with then high court chief justice S J Mukhopadhyaya and leader of opposition in the legislative assembly Shaktisinh Gohil under section 3 of the Gujarat Lokayukta Act.
