By TCN Special Correspondent,
Ahmedabad: A division bench of the Gujarat High Court on Monday gave a split verdict in the case pertaining to the appointment of Lokayukta in the state. While Justice Aqil Qureshi heading the two-judge bench upheld the appointment of Justice(retd) R A Mehta as Lokayukta by Governor Kamla Beniwal, Justice Sonia Gokani rejected the appointment.
With the split verdict of the bench, the matter would now be referred to the constitutional bench.
The appointment of Justice(retd) Mehta was done by the governor on the recommendation of his name by the former Chief Justice of the Gujarat High Court S J Mukhopadhyaya two months ago.
The appointment was, however, challenged by the Narendra Modi government. Modi government took the plea that governor had no power to appoint the Lokayukta without consultation with the state cabinet.
But governor contended that Gujarat Loakyukta Act of 1986 provided that the Lokayukta appointment would be done by the governor on the recommendation of the high court’s chief justice and approval of the name by the Leader of the Opposition in the state assembly.
But the Modi government made it a political issue and alleged that the governor was acting as an emissary of the Congress party. In fact, the ruling party BJP held public meetings at several places in the state, criticising the governor over the issue of the appointment of the lokayukta. The BJP even took up the matter during the monsoon session of the Lok sabha as well.