Wednesday, January 2, 2013

whether State had a right to avoid the appointment of "Lokayukta" simply by upraising legal battles at the cost of our public money ?

In a setback to Gujarat Chief Minister Narendra Modi, the Supreme Court today has upheld the verdict of Gujarat High Court in respect of the appointment of Justice (retd) R.A. Mehta as the Lokayukta of the state. A Division Bench of the Apex Court comprising Hon'ble Justice Mr. B.S. Chauhan and Justice Mr. F.M. Ibrahim Kalifulla has said in this landmark judgment that "Governor Kamla Beniwal appointed Justice Mehta as the state's Lokayukta after due consultation with the Chief Justice of Gujarat High Court as provided under the statute." Pronouncing the judgement, Justice Mr. Chauhan said: "The Governor has to act in consultation with Chief Justice of High Court which has been done in this case." The Hon'ble Supreme Court has rejected all those contention made in the appeal petition by the government of Gujarat in respect of the appointment of Justice Mehta as "void, ab-initio as being ultra vires Section 3 of the Act (Gujarat Lokayukta Act, 1986) read with Article 163 of the Constitution." Now it is become another vital question of facts and of laws whether the State of Gujarat or its Chief Minister had a right to avoid this lawful appointment of "Lokayukta" in Gujarat simply by upraising and drawing with such the legal battles and litigations at the cost of our public money....??!!

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