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Modi Govt. to move Supreme Court over Lokayukta appointment issue

Ahmedabad , Wed, 18 Jan 2012 ANI

Ahmedabad, Jan 18 (ANI): With the Gujarat High Court upholding the appointment of appointment of Justice (retired) RA Mehta as the state's Lokayukta, the Narendra Modi Government will now appeal against this verdict in the Supreme Court.

 

The spokesperson of Gujarat Government, Jai Narayan Vyas, today said the appeal would be made as the High Court had dismissed their plea.

 

"We will move the Supreme Court for the further remedy because we believe the issues raised by us are fundamental to the safety of the federal structure and also very, very central to the provisions made by the Constitution of India," he told the media here.

 

Vyas clarified that the state government was not against the appointment of Lokayukta.

 

"We never opposed the appointment of Lokayukta, our points were for which we went to the honourable High Court that this is an issue which touches the constitutional provisions. If the governors are permitted to work outside the realm of the constitution, then you can't work in this country because you are having a federal structure," he added.

 

Vyas further said that the appointment is a breach of federal principles, as the provisions of the Constitution requires the Governor's office to consult the Council of Ministers and act according to the advice.

 

"The process of consultation was on and the process of consultation was on at the highest level. At the level of the Chief Minister in the state who heads the government and at the level of the honourable Chief Justice of the High Court who heads the judiciary," said Vyas.

 

"Under those circumstances, to construe that this has resulted into a deadlock and therefore unilaterally go ahead and appoint Lokayukta was not within the provisions of the Constitution which requires the Governor's office to consult the Council of Ministers and act according to the advice. So, these were the issues on which we move the honourable High Court to quash this application," he added.

 

In a setback to the Narendra Modi Government, the Gujarat High Court earlier in the day upheld the appointment of Lokayukta by the Governor while dismissing the plea of the state challenging it.

 

Modi had accused the Governor of acting in a partisan manner and trying to destabilise the state government.

 

The Gujarat Government had earlier challenged Governor Kamla Beniwal's decision to appoint Mehta as state's Lokayukta, deeming the move unconstitutional and unilateral.

 

Justice (retired) RA Mehta was appointed as Lokayukta in August last year by Governor Beniwal. The post was lying vacant since November 2003.

 

According to the Indian Constitution, the Governor is the constitutional head of the state, appointed by the President on the aid and advice of the Central Government. (ANI)

 


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