In a major setback to Gujarat chief minister Narendra Modi, the Gujarat high court on Wednesday endorsed the governor’s appointment of the lokayukta, which was challenged by the state government. This decision comes three months after the high court delivered a split verdict on the issue.
The Modi government has said it would file an appeal in the Supreme Court on Thursday against the high court’s 2:1 majority decision after seeking legal advice.
Justice V.M. Sahai, tasked with hearing the challenge against the lokayukta’s appointment following the division bench’s split verdict, on Wednesday dismissed the state government’s plea against the governor’s decision.
Delivering the verdict, Justice Sahai said: “I am in complete agreement with the view taken by Justice Akil Kureshi that these writ petitions are to be dismissed. I do not find any merit (in them); accordingly the writ petitions are dismissed.” On October 11, Justice Akil Kureshi had upheld the governor’s decision while Justice Sonia Gokani had quashed the warrant of appointment, terming it as unconstitutional.
The Modi government had said that governor Kamla Beniwal had acted unconstitutionally in selecting the ombudsman as the council of ministers had not been consulted. Ms Beniwal had appointed Justice R.A. Mehta, a retired judge, as lokayukta on August 25, triggering a confrontation with the state government. The post had been vacant for eight years — ever since November 2003.
Following Wednesday’s order a political turf war broke out between the Congress and the BJP. The BJP called the ruling a “setback to federalism”, while the Congress demanded that the BJP apologise to the nation for “misleading” Parliament and asked Mr Modi to resign “if he has any morality”.
Leader of the Opposition in the Rajya Sabha Arun Jaitley said: “The divided judgment of the Gujarat high court is a setback to federalism. The governor is a nominee of the Centre... If a governor gets primacy over the state government on the appointment of a lokayukta, it amounts to the Government of India appointing the lokayukta.”