A bench of the Gujarat High Court on Wednesday issued notices to the newly-appointed Lok Ayukta, Justice (retired) RA Mehta, and the principal private secretary of the chief justice, over the state government's petition challenging the Lok Ayukta's appointment.
A bench of the Gujarat High Court on Wednesday issued notices to the newly-appointed Lok Ayukta, Justice (retired) RA Mehta, and the principal private secretary of the chief justice, over the state government's petition challenging the Lok Ayukta's appointment.
The Gujarat governor had bypassed the chief minister and appointed Justice Mehta as the state's Lok Ayukta.
According to the high court order, both parties have to file a reply within two weeks explaining whether the governor can appoint a Lok Ayukta and also whether the government's petition is maintainable in law. Further hearing of the case has been fixed for September 21.
The bench comprising Justice Akil Qureshi and Justice Sonia Gokani was hearing a petition filed by the state government objecting to the Governor appointing Mehta as Lok Ayukta by using her special powers under section 3 of the Lok Ayukta Act-1986.
However, Girish Patel and Mukul Sinha, counsel for Bhikha Jethva and Jan Sangharsh Manch, respectively, opposed the government's petition arguing that it is not maintainable in law at all.
Patel argued that the government cannot make Justice Mehta as the respondent as he has not yet assumed charge as the state's Lokayukta. Therefore the claim that petition is quo warranto (a legal proceeding during which an individual's right to hold an office or governmental privilege is challenged) does not apply in the present case, Patel told the court.
He further argued that though the government had claimed that it had started the process of appointment in 2006, the long delay caused by it shows that it did not have honest intentions.
The JSM counsel, Mukul Sinha, who had sought to be allowed to join as party to the petition, argued before the court that when the governor has been deleted as the party respondent, there cannot be 'government against government'. He further said that the government cannot be split into two parts on such issues and that the government's petition is not maintainable in law. Therefore it should be dismissed, Sinha said.
Shalin Mehta, counsel for the high court administration, suggested that senior advocate Suresh Shelat be appointed as the amicus curie in the case.
Earlier, advocate general Kamal Trivedi had begun arguments on behalf of the government. He argued that the governor can appoint the Lok Ayukta only when the assembly is dissolved.
Otherwise, the governor has no special powers to appoint Lokayukta under section 3 of the Lok Ayukta act.
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