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India On Media |
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| Politics
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| High Court backs Governor, |
| High Court backs Governor, setback for Narendra Modi
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| INDIA
, 10-October-2011
6:36:52 AM |
| The legal battle between Narendra Modi and the Governor of Gujarat is proving to be a complex one.
Today, two judges of the Gujarat High Court differed on whether the governor erred in how she selected an ombudsman or Lokayukta for the state.
On August 25, Governor Kamla Beniwal announced that Justice R N Mehta was Gujarat's new Lokayukta, a post that had been vacant for seven years. Mr Modi objected because he said he hadn't been consulted. His party, the BJP, said that the appointment violates Article 163 of the Constitution which states that the Governor of a state must act on the advice of the Council of Ministers.
Mr Modi then challenged the Lokayukta's nomination in court.
Today, Justice Akil Qureshi rejected the government's argument that the Governor acted without the aid and advice of the Council of Ministers. In his order, Justice Qureshi said that there was a deadlock between the Chief Justice (of the High Court) and Mr Modi over Justice Mehta's candidacy.
Justice Qureshi believes the opinion of the Chief Justice of the High Court trumps Mr Modi's. But the other judge hearing the case, Justice Sonia Gokani, began reading out her verdict by saying, "I do not completely agree with my fellow judge." She will deliver the rest of her verdict tomorrow.
Justice Gokani said Mr Modi's government had tried twice to find a suitable Lokayukta. In both cases, she said the shortlisted candidate was rejected by the Governor.
So the battle between Mr Modi and Governor Beniwal could be referred to larger bench tomorrow. That will depend on whether Justice Gokani completes her verdict with a different finding than her colleague.
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