Gujarat Guv appoints Lokayukta, state govt moves HC against it

Gandhinagar, Aug 26 (PTI) In an unprecedented move,
Gujarat Governor Kamla appointed retired judge Justice R A
Mehta as the state Lokayukta bypassing the state government,
which swiftly challenged the decision in the High Court.
The Governor's decision late Thursday night stoked a
potential confrontation with the Narendra Modi government
which had dithered on the issue of appointment of a Lokayukta
for seven-and-a-half years.
The Governor said she cannot remain a "mute spectator" to
the happenings in the state.
The state government challenged the appointment to the
Lokayukta post -- vacant since 2003 -- before the state High
Court contending it was "unconstitutional and unilateral".
Mehta is a former judge of the Gujarat High Court.
Non-appointment of Lokpal had become a contentious issue,
with Opposition Congress and ruling BJP (Bhartiya Janata
Party) blaming each other for the delay.
"Although it is true that generally the Governor acts as
per the aid and advice of the Council of Ministers headed
by the Chief Minister, there might be a circumstance, where
Governor could not remain mute spectator to the happenings in
the state and is compelled to use discretion," a statement
from the Governor's office said here on Friday.
"So...as per the provisions of section 3(1) of the
Gujarat Lokayukta Act 1986, Dr Shrimati Kamla had used her
power on August 25th and issued a Warrant of appointing Retd
Justice R A Mehta as the Lokayukta of the state in overall
interest of transparency and good governance", it added.
Directly indicting Modi government for non-appointment of
Lokayukta for the last seven years, the Governor further
said, "Despite several reminders... for the reason best known
to it, the Government was delaying the matter for one reason
or other".
The state's junior law minister Pradipsinh Jadeja filed a
petition in the Gujarat High Court, challenging the decision
as "unconstitutional and unilateral".
The state government contended that under Article 154 of
the Constitution, the Governor was bound to act in
consultation, and as per the advice of, the council of
ministers.

The decision to appoint Justice Mehta as Lokayukta was
taken unilaterally by the Governor without consulting the
Chief Minister and council of ministers, said Advocate General
Kamal Trivedi, arguing on state's behalf before Justice
Abhilasha Kumari.
The government said that High Court declare the
appointment as unconstitutional, and set it aside.
The hearing would resume on August 29.
Gujarat government spokesperson Jaynarayan Vyas alleged
the Governor had bypassed the formal process of appointment.
"As per the rule 3 of the Gujarat Lokayukta Act, the
powers of appointing Lokayukta lies with the Governor. But
this rule cannot be read in isolation, it has to be read with
the provisions under the Constitution, which say that Governor
is bound to act as per the suggestion of the council of
ministers, except under exceptional circumstances," Vyas said.
"In this case, the Governor bypassed the formal process
of appointment, and took a one-sided decision," he said
The Governor made the announcement of the appointment in
the presence of a delegation of Congress Legislative Party
this morning. The delegation had sought to meet her on the
same issue.
"Public opinion against the delay in the appointment of
Lokayukta was gaining momentum, and resentment was increasing.
NGOs, social activists, political parties and eminent citizens
had frequently made representations on the issue," the
Governor is reported to have told the delegation.
Chief Justice of Gujarat High Court S J Mukhopadhaya had
earlier suggested Justice Mehta's name to the Gujarat
government, but the government did not act on it, leader of
Opposition in the Assembly Shaktisinh Gohil said.
The Governor made the appointment after "thorough
consultation with legal experts", Gohil claimed.
"Governor told us that non-appointment of Lokayukta for
the last seven years was a matter of grave concern as there
was no authority to oversee the affairs of the government," he
said.