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This is an archive article published on September 7, 2013

State govt looks for new Lokayukta

The move coincided with Governor Kamala Beniwal returning the Gujarat Lokayukta Commission Bill,2011,that aims at repealment of the 1986 Act

The Narendra Modi government has begun the process to appoint a new Lokayukta,under the Gujarat Lokayukta Commission Act 1986,to fill up the post that had been vacant for the past 10 years,after Justice (retd) R A Mehta in August refused to take the job.

The move coincided with Governor Kamala Beniwal returning the Gujarat Lokayukta Commission Bill,2011,that aims at repealment of the 1986 Act.

Coming down heavily on the new Bill in her letter to the government,which has been made public recently,she said that the Bill sought to concentrate power in the hands of politicians from a single party,particularly the chief minister,and made a mockery of the judiciary.

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The new Bill was cleared by a majority in the Assembly in April and the returned Bill will be tabled for discussion in the three-day Monsoon Session beginning September 30.

Sources said that the move to appoint the new Lokayukta is aimed at correcting the impression that Chief Minister Narendra Modi,who is seen as the BJP’s potential prime ministerial candidate,and is the campaign committee chief of the party,is not interested in appointing the democratic watchdog.

Consultations have begun to invite names of judges for selection from the High Court Chief Justice by the government.

About a month ago,Justice Mehta declined to become Gujarat’s Lokayukta and informed the same in a detailed letter written to Governor Kamla Beniwal,explaining to her how he did not want to become a “caged parrot”.

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The selection process of a lokayukta has turned into an intense legal battle between the Governor and the Government for the past three years.

According to a top level government functionary,“The new bill proposes to repeal the existing act. However,with the government facing fire for not having appointed a lokyukta so far,it wants to project the it has all desire to do so and has hence initiated the selection process under the existing act before Modi’s much-anticipated march to Delhi begins .

“Even if the process begins now,it will take very long to reach its end. In the meantime,Lok Sabha elections will be held.”

The post of Lokayukta in the state has been vacant for a decade now. Justice S M Soni was the last Lokayukta. He resigned in 2003. But in 2011,Dr Beniwal,in consultation with the Leader of Opposition,appointed Mehta,as suggested by the Chief Justice.

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While Modi has been trying hard to sell his development model of Gujarat,corruption charges against him leveled by the opposition and the delay in appointment of Lokayukta are the points raised against his administration.

Following a demand from the Opposition,the government has also set up an inquiry commission,led by Justice M B Shah,to investigate into the 14 charges leveled by the Congress against the Modi government. The commission is supposed to submit its report by end of October.

“We want to appoint Lokayukta as soon as possible,” said government spokesperson and Finance Minister Nitin Patel,adding,“For the same reason,we have also formed a new law,which the Governor has returned.”

Though Patel did not made it clear whether the process has been initiated under the existing act,he said,“At present,the process can happen only as per Gujarat Lokayukta Act 1986,and since Mehta has declined the post,a new judge has to be appointed.”

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The General Administration Department has also got instructions to do a study of development so far and lay out a plan on how to begin the process to appoint a new Lokayukta.

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