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| Setback for Narendra Modi over |
| Setback for Narendra Modi over appointment of Gujarat Lokayukta
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| INDIA
, 18-January-2012
2:17:27 AM |
| The Gujarat High Court has upheld the appointment of the state's Lokayukta, retired judge RA Mehta.
Chief Minister Narendra Modi had said Governor Kamla Beniwal acted unconstitutionally in selecting the ombudsman because the state government had not been consulted. The Modi government challenged the Governor's decision in court. In October, two High Court judges delivered a split verdict, and the case was referred to a third judge, who delivered his verdict today.
Governor Beniwal selected Justice Mehta, a former High Court judge, in August last year; by that time, the Lokayukta's post had been vacant for more than seven years. Mr Modi then wrote to the Prime Minister asking for the Governor to be recalled. His party's senior leaders like LK Advani also protested in Parliament over Justice Mehta's appointment. They said that the Centre was using the Governor to bypass the state government in an alleged breach of federal principles. The BJP referred to Article 163 of the Constitution which states that the Governor of a state must act on the advice of the Council of Ministers.
Gujarat last had a Lokayukta in 2003, when SM Soni retired. The existing rules mean that the Governor appoints the Lokayukta in consultation with the Chief Justice of the High court. The state government has been arguing that instead, the Governor must consult a committee that included three ministers, the Leader of the Opposition Congress party, and the state's Chief Justice. The Governor had rejected that proposal.
Reacting to today's development, Congress General Secretary Digvijaya Singh said in Lucknow, "We are happy that after 11 years, Lokayukta has come to Gujarat. There are many more shocks on the way for Narendra Modi." He also took the opportunity to slam anti-corruption campaigner Anna Hazare and said, "Anna Hazare never agitated in Gujarat for Lokayukta. In fact, he praised Narendra Modi."
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