"We have challenged the decision of the Governor overruling the council of ministers and granting the prosecution under the Prevention of Corruption Act," said Solanki's counsel Prakash Thakkar.
"In our petition we have sought Governor's decision to be declared unconstitutional and requested the HC to set aside the decision taken by Governor of Gujarat," he said.
The governor on July 26 passed an order overruling the state cabinet led by Chief Minister Narendra Modi, which had refused the sanction for Solanki's prosecution.
One Ishaq Maradia had alleged that Solanki granted fishing contracts in 2009 without floating any tender which resulted in loss to the tune of Rs 400 crore to the state exchequer. Maradia had requested the state authority to grant permission for filing an FIR against Solanki for his alleged role in the irregularity.
However, the state cabinet under Modi had twice rejected the application seeking prosecution of the minister.
After the high court order, the state government was compelled to forward its decision of not sanctioning the minister's prosecution to the governor who in turn approved the prosecution.
"Application of Ishaq Maradia is hereby allowed and sanction under section 19 of the Prevention of Corruption Act is hereby granted for the prosecution of Purushottam Solanki, Minister of State for Fisheries under sections 7, 8, 13(1)(d) of the prevention of corruption act in respect of the allegations contained in the application," the governor said in her order.
