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This is an archive article published on January 19, 2012

Gujarat may move SC against verdict

The state government has in principle decided to challenge the verdict of the Gujarat High Court upholding the appointment of retired Justice R A Mehta as Lokayukta by Governor Kamla Beniwal. “We are awaiting the detailed order of the HC and thereafter we will decide the specific course of action. If required,we will approach the […]

The state government has in principle decided to challenge the verdict of the Gujarat High Court upholding the appointment of retired Justice R A Mehta as Lokayukta by Governor Kamla Beniwal.

“We are awaiting the detailed order of the HC and thereafter we will decide the specific course of action. If required,we will approach the Supreme Court,” government spokesperson and senior minister Jay Narayan Vyas told reporters. “We are not against the appointment of any particular individual,but it’s a matter of principles. The Constitution has restricted the powers of the Governor. When there are different governments at the Centre and in the state,the role of Governor becomes very important. If the Governor starts using power bypassing the state Cabinet’s opinion,it leads to a dangerous situation for the federal structure of the country. The Governor is bound to act as per the advice of the Council of Ministers,” he added.

He further said that Chief Minister Narendra Modi had written to the Chief Justice of Gujarat HC and “shown disagreement over the name of Justice Mehta to be appointed as the Lokayukta”. “He also wrote to the Governor; despite that the Governor appointed Justice Mehta. This step is unconstitutional,so we may challenge it in the apex court,” Vyas said.

Bhardwaj: I cannot appoint Lokayukta

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Amid the controversy in Gujarat,Karnataka Governor H R Bhardwaj said he cannot name the new Lokayukta without the government’s approval. “I cannot appoint a Lokayukta. I don’t think any High Court can appoint Lokayukta. Without the approval of the government,it can’t be done. It involves multiple consultations,” he told reporters.

Bhardwaj has rejected the Karnataka government’s recommendation to appoint former Kerala High Court chief Justice S R Bannurmath as the state Lokayukta,insisting that a “spotless” person be named for the post.

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