Hearing will begin from today; earlier two judges had given a split verdict in the case.
Justice VM Sahai of the Gujarat High Court will start hearing from Wednesday the controversial case of the appointment of Lok Ayukta by the state governor, Dr Kamla. The governor had bypassed chief minister Narendra Modi and his cabinet in making the appointment, which led to the state government challenging the governor’s decision.
The chief justice of the Gujarat High Court has allotted the case to Justice Sahai after two judges, Justice Akil Kureshi and Justice Sonia Gokani, came out with a split judgment over the issue. The allotment of the case to a third judge was necessitated after the split verdict which was delivered last month.
On October 10, justice Kureshi gave the green signal to the appointment of justice (retired) RA Mehta as Lok Ayukta on the ground that the then chief justice of the Gujarat high court justice SJ Mukhopadhya had expressed a positive opinion about Mehta.
Moreover, the post had been lying vacant for seven years, Justice Kureshi had said. The next day, however, Justice Gokani held that the governor did not have the power to appoint the Lok Ayukta bypassing the chief minister and his council of ministers. She also said that when the chief minister had expressed a negative opinion regarding Justice Mehta, the process of consultation with chief justice was not concluded.
Following this, according to statute, the matter had to be heard by a third judge for a final decision in the case.
“The matter has been kept for hearing before Justice Sahai after the lunch session,” said Girish Patel, counsel for Bhikha Jethawa who had appeared as intervener when the state government challenged the appointment three months back.
The appointment of Justice Mehta become controversial as the state government had challenged the governor’s action before the high court. The BJP has demanded before the President that the governor be recalled as she had allegedly showed a biased approach. Now the third judge will hear the case and his opinion will be final.
Patel said that they had written a letter to the chief justice recently regarding the fact that the two judges had to clarify on which issues they had sought a different opinion. “Only that will be heard by the third judge according to law. Let us see what happens on Wednesday in this matter,” he said.
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
)
){kind=small}
){kind=small}
)
)
)
)
)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}