Gujarat HC divided on Gujarat Lokayukta appointment

Bench of justice Akil Qureshi and Sonia Gokani gives split verdict

PTI | October 10, 2011



The Gujarat high court on Monday appeared to be divided on the appointment of Lokayukta by the governor with one judge upholding it and another indicating she does not not agree with him.

Dismissing the state government's petition challenging the appointment of justice R N Mehta as the lokayukta by governor Kamla Beniwal on August 25, justice Akil Qureshi rejected the government's contention that the governor acted without the aid and advice of the council of ministers.

The judge maintained that this argument cannot be held right in this case as it was a peculiar case.

But the other judge on the division bench, justice Sonia Gokani, said, "I do not not completely agree with my fellow judge."

She started reading out her judgement but did not not complete it when the court rose for the day. She would continue on Tuesday.

In his order, justice Qureshi said the post of lokayukta was lying vacant for the last 8 years and there was a deadlock between the chief justice (of the High Court) and chief minister on the name of justice Mehta.

When the chief justice suggested justice Mehta's name, the chief minister and his council of ministers rejected Mehta's name. There was a deadlock between the two and in such a stage the opinion of the chief justice of high court is supreme, justice Qureshi said.

Justice Qureshi said since last the Lokayukta retired in 2003, the government did not not begin the consultation process till 2006. And when the consultation process began in 2006, there was no no appointment till 2011, which is five years.

"We are of the view that the post of Lokayukta has an important role to play in the present socio-economic situation and should not not lie vacant for a long," the judge said.

Going chronologically into the case history, justice Gokani said the state government attempted twice to fill the vacant post of Lokayukta.

In 2006, she said the chief minister started the consultation process and the chief justice had sent a panel of names. From the panel the name of justice K R Vyas was finalised by the council of ministers and sent to the governor, who had returned the file in 2009.

Again in 2010, the government made a request to the chief justice of the high court who had finalised the name of justice J R Vora which was sent to the governor for approval.

That was also rejected, she noted.

Comments

 

Other News

India reaffirms commitment to climate multilateralism

India has reaffirmed its commitment to climate multilateralism and the principles of Equity and Common But Differentiated Responsibilities and Respective Capabilities (CBDR-RC), calling for a fair, equitable and ambitious outcome at the 31st Conference of the Parties (COP31) to the United Nations Framewo

How the mind can help the body heal itself

Why do some people recover from illness against all odds? Can our beliefs, emotions and consciousness influence the body’s ability to heal? Drawing on over three decades of experience in medicine, research and medical innovation, internationally trained ophthalmologist and author Dr Dinesh Verma ex

1,364 anti-cancer formulations to cost less from today

The National Pharmaceutical Pricing Authority (NPPA), under the Department of Pharmaceuticals, Ministry of Chemicals and Fertilizers, has capped trade margins on the Maximum Retail Price (MRP) of 137 anti-cancer drugs. This was based on the recommendations of an Expert Committee constitute

Who checks the books?

I read about the news about the Coimbatore library over coffee this morning. On the face of it, the headline was about a political ‘war’ between the DMK and TVK. But what stayed with me was something much more important than the blame game behind what had transpired. A writer walking through

Development paradox: Falling poverty miracle and an inequality problem

India’s reduction in poverty over the past decade is a development achievement of considerable significance. The World Bank’s April 2026 ‘India Development Update’ estimates that the share of Indians living below the international extreme-poverty line of $3.00 per person per day i

In Arunachal, a river we call mother

In Arunachal Pradesh, the Siang is not just a river. For many of us, especially the Adi people, it is part of our family. Our grandparents fished in it. Children learned to swim in it. Our farms drink from it. When someone says a huge dam will be built on it, we do not hear the word "project".

Upcoming Conferences



-->

Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter