SC upholds appointment of Lokayukta in Gujarat
New Delhi, Dec 2: In a major setback to Gujarat Chief Minister Narendra Modi, the Supreme Court on Wednesday rejected his plea that the selection of Lokayukta in the state was not properly done by the Governor and had requested for his removal.
A Division Bench comprising Justice B S Chauhan and Justice F M Ibrahim Kalifulla dismissed the Gujarat government's plea that the appointment was illegal as it was done without consulting it.
The Bench said that the Governor is bound to act under the advice of the Council of Ministers, but the appointment of Justice Mehta is right as it was done in consultation with the chief justice of the Gujarat High Court.
The apex court ruled that Justice Mehta can go ahead with his work as Lokayukta.
The state government had said the Governor has to act on the advice of the Cabinet and its consent is must for the appointment of Lokayukta. It had argued that the appointment was done by Governor Beniwal without following due procedure in an unconstitutional manner.
Former High Court judge Justice R A Mehta was selected as theLokayukta in August 2011 by Gujarat's Governor Kamla Beniwal. The post had been lying vacant for more nearly eight years.
On his part Mr Modi had argued that the Governor did not consult his cabinet for the appointment. The Supreme Court appeared to agree with that. It offered this severe feedback of the Governor.
Lastupdate on : Wed, 2 Jan 2013 21:30:00 Makkah time
Lastupdate on : Wed, 2 Jan 2013 18:30:00 GMT
Lastupdate on : Thu, 3 Jan 2013 00:00:00 IST
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