The petition challenges the appointment of Mehta as the Lok Ayukta by the governor.
In a new twist to the appointment of Justice (retired) RA Mehta as the Lok Ayukta of the state, the government has made him a first party respondent in a petition filed before the Gujarat high court.
The petition challenges the appointment of Mehta as the Lok Ayukta by the governor. The appointment was made by bypassing the chief minister and his council of ministers.
The government made Justice Mehta a respondent after the governor’s name was removed as the first party respondent following an order of the high court.
The order was given during a previous hearing in the case. Now, Justice Mehta and Registrar General of the Gujarat high court are the two respondents in the petition filed by the government.
The Lok Ayukta can inquire into corruption complaints against chief minister and his cabinet ministers. A bench of justice Akil Kureshi and Sonia Gokani of the high court, on Monday, posted further hearing in the case on September 7 after allowing
the amendments made by the government.
During the previous hearing the bench had directed the government to remove the name of the governor as it violated the constitution.
The bench also ordered that the registrar general be made a respondent as the chief justice (CJ) was consulted in the matter by the government.
On Monday, a list of documents related to communication made by the chief minister to the governor and the high court in the Lokayukta appointment process was furnished in a sealed cover before the bench.
The state government has opposed the appointment of Lok Ayukta in the amended petition by stating that the council of ministers had not been consulted prior to the appointment. It also stated that it has some reservations against justice Mehta.
"The CJ recommended the name of justice Mehta. However, the government had some misgivings about his suitability and requested the CJ to revisit his recommendation. The proposal of appointment of Mehta as communicated by the CJ on June 7 this year was never initiated by the state," the government said in its petition.
The state further alleged that the governor had appointed the Lok Ayukta by overlooking the fact that the process regarding the same between the government and CJ was pending.
"The chief minister, on August 8, addressed a mail to the CJ stating in details the reasons why it had reservations about appointing Justice Mehta as the Lok Ayukta. This matter is still pending."
The government further said that despite knowledge of the pending process, the governor all of a sudden appointed justice Mehta as the Lok Ayukta on September 25.
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