Gujarat High Court uphelds appointment of RA Mehta as Lokayukta

NEW DELHI: IN A setback to Gujarat chief minister Narendra Modi, the Gujarat High Court on Wednesday upheld the appointment of RA Mehta as Lokayukta by governor Kamla Beniwal and dismissed the state government's plea that it was arbitrary and illegal.

Delivering the verdict by 2:1 majority, the three-judge bench set aside the state government's plea challenging Mehta's appointment as Lokayukta on the ground that it had bypassed constraints and restraints imposed by the Constitution on the governor's office.

Earlier in October 2011, a two-judge Bench comprising Justice Akil Kureshi and Justice Sonia Gokani had given a split verdict in the case. While Akil Kureshi favoured quashing of the state governnment's plea, Gokani ruled that the writ petition be allowed.

The case was then referred to a third judge, Justice VM Sahai. On Wednesday, he concurred with Kureshi's view that Mehta's appointment was not illegal and that the writ petition should not be allowed.

The BJP on Wednesday said it would file an appeal in the Supreme Court after taking legal opinion. But the timing of the high court order just ahead of the assembly poll in five states understandably sparked off a war of words between the Congress and the BJP. While the Congress welcomed the verdict and was quick to slam the BJP for having carried its protests on the Lokayukta issue to the President and even stalling Parliament on the issue, the BJP described it as a "setback to federalism".

"The BJP misled the nation. It owes an apology to the nation and if the Modi government has any shame, it should immediately resign. The double-face of the BJP stands exposed; while the top national leadership of the BJP is taking out yatras against corruption and says in Parliament that it wants a strong Lokpal law, they are opposing the appointment of an anti-corruption watchdog in a state ruled by their own party," Congress general secretary in charge of Gujarat Mohan Prakash pointed out. Gujarat PCC president Arjun Modhwadia told reporters here that they would now be able to move the Lokayukta forum on corruption complaints against the Gujarat government and ministers.

The BJP, however, termed the verdict as a setback to federalism. "A governor is a nominee of the central government. If a governor gets primacy over the state government on the appointment of Lokayukta, it amounts to the Government of India appointing Lokayuktas in the states," Leader of Opposition in Rajya Sabha Arun Jaitley told reporters here.

He said this will hurt the credibility of the institution of Lokayukta. Gujarat health minister Jaynarayan Vyas said the high court decision will be challenged in the Supreme Court.

Mehta, who was appointed Lokayukta on August 25 last year, has not taken charge so far. The state government moved the high court against his appointment saying the governor had done it without consulting the council of ministers. The Modi government, which sought quashing of the appointment, alleged Mehta was close to "anti-Gujarat" elements. Modi, in his letter to the Chief Justice, said the retired judge was not capable of managing the office of Lokayukta.

After the split verdict in October, Justice Sahai heard the case on points of disagreement between the two judges. The points formulated by the division bench were - the nature of consultation required for appointment of Lokayukta under Section 3 of the Gujarat Lokayukta Act and whether the consultation process between the chief justice and chief minister had come to a close; and whether the governor of the state was authorised to act in a manner she did while issuing a notification appointing Mehta.