Justice Akil Kureshi and Justice Sonia Gokani gave dissenting views on the appointment of former Justice RA Mehta as Lok Ayukta.
Justice VM Sahai of Gujarat High Court, on Wednesday, began hearing on the dispute over the appointment of Lok Ayukta of Gujarat, following the split verdict where two judges of a division had differed on the matter.
The matter came up before Justice Sahai after Justice Akil Kureshi and Justice Sonia Gokani gave dissenting views on the appointment of former Justice (retired) RA Mehta as Lok Ayukta.
During the hearing, senior counsel Girish Patel, appearing as an intervener on behalf of one of the respondents Bhikabhai Jethwa, raised the issue of formulating the points of differences between two judges. Patel contended that the judges who had differed on the issue need to formulate the points on which they had based their opinions and place them before the third judge who would then conduct a hearing on the specifics instead of all the issues raised.
However, advocate-general Kamal Trivedi, representing Gujarat government, objected to Patel's contention saying there was no hard and first rule on who will formulate the points on which the judges disagreed.
"They can be formulated either by the differing judges or by the third judge," Trivedi said.
Both Patel and Trivedi cited previous judgments to support their arguments. After hearing both of them, Justice Sahai reserved the order on whether to refer the matter back to the division bench to formulate the points of differences or frame the points himself, till Thursday.
On Wednesday, the hearing was restricted to the discussion on who will formulate the points of differences appeared in the split verdict delivered by justice Kureshi and justice Gokani.
On October 11, Justice Kureshi had upheld Governor Dr Kamla's decision of appointing Justice (retired) Mehta as the Lok Ayukta while his colleague justice Gokani had ordered quashing of the warrant of appointment issued by the governor terming it "unconstitutional".
On August 25, Governor Dr Kamla appointed justice (retired) Mehta as the state Lok Ayukta, allegedly bypassing the Narendra Modi government. The post of Lok Ayukta was lying vacant since 2003.
Aggrieved over the appointment, the state government challenged it in the high court the same day contending that governor's decision was "unconstitutional and unilateral".
The ruling BJP even held demonstrations across the state opposing the appointment. Chief minister Modi had even shot off a letter to prime minister Manmohan Singh seeking the recall of Governor Dr Kamla, alleging that she had failed in performing her constitutional duties.
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