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Order on PIL seeking Gujarat governor's recall reserved

High Court expressed its displeasure with the petition filed by Ashok Pande, and said its contentions were without any strong basis.

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The Gujarat high court on Wednesday came down heavily on Ashok Pande, the Lucknow-based lawyer who had filed a PIL challenging the appointment of Gujarat Governor and demanding her recall.

The bench of acting chief justice AL Dave and Justice JB Pardiwala was of the view that the PIL was not of public interest and its contentions consisted of general allegations without any basis. The bench then reserved its order on the PIL. 

Pande, who is also president of the Hindu Personal Law Board, had filed a PIL on Monday seeking recall of Governor Dr Kamala. The Governor is at loggerheads with chief minister Narendra Modi over the appointment of Justice (retired) RA Mehta as the Lokayukta of the state. Dr Kamla appointed Mehta as Lokayukta a month back, bypassing the chief minister. 

During the hearing on the PIL on Wednesday, Pande's main argument was that the chief minister and council of ministers are elected by the people while the Governor is selected for the post. Hence, ministers are the voice of the people and 'selected' members cannot curb the voice of the people. 

However, Pande had to face the wrath of the high court as his contentions were general in nature and without strong ground. The court was of the view that the desire of ministers cannot be termed as the desire of the people. 

"Do you know when the Governor was appointed? And why have you come three years after her appointment?" the bench asked Pande. The court also asked whether the PIL had been filed because of the recent dispute. 

"You are wasting the court's time. There are various other issues on which a PIL can be filed. Why did you file such a PIL after coming from Lucknow?" the court asked Pande. After more verbal fire, the court reserved its order on the petition. 

It is pertinent to note that a clutch of petitions on the appointment of the Lokayukta is already pending before the Gujarat high court. Chief minister Narendra Modi had written a letter to the prime minister against Governor Dr Kamla. The appointment of the Lokayukta has sparked off a major political controversy.

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