Gujarat High Court today issued notices to the Justice (retd) R A Mehta,who was named as the Lokayukta by the Governor,and others on a petition filed by the state government challenging Mehtas appointment. A division bench of Justice Akil Kureshi and Justice Sonia Gokani has made the notices returnable on September 21. Others who have also been served the notice included the Registrar General of Gujarat high court and Principal Secretary to the Chief Justice of Gujarat high court. Gujarat Governor Dr Kamla had last month appointed Mehta as Lokayukta by bypassing the state government on the post which was lying vacant for the last seven years. The state government has challenged the governors decision in the high court by filing a petition making her a respondent in the case. The high court had earlier ordered the state government to delete the name of the governor as a respondent since she is the Constitutional head of state. Advocate General Kamal Trivedi,who is representing the state government,today gave a detailed overview of the efforts made by the Modi government in appointing Lokayukta. He argued that the Governor ignored Article 163(1) of the constitution,which says that she has to work as per the aid and advice of the council of ministers,in appointment of Lokayukta. Lawyer Girish Patel,representing one Bhikabhai Jethwa,argued that since Mehta has not assumed the charge as the Lokayukta,the petition of the state government showing him as a respondent in the case is not maintainable. Jethwa had earlier filed a PIL in the Gujarat High Court over delay in the appointment of state Lokayukta. The question is how do we interpret the word governor which finds mention in section 3 of the Gujarat Lokayukta Act, Advocate General Trivedi argued. As per the act,the governor shall appoint the Lokayukta. But the governor is the constitutional head and as per Article 163 (1) of the Constitution,she has to work as per aid and advice of elected council of ministers, he said. Trivedi further said that the second point which needed to be looked into is the process of appointment of Lokayukta. In earlier five cases where Lokayuktas were appointed,the process was initiated by the office of the chief minister. Chief minister writes to the chief justice of the high court to suggest a panel of three or four names of retired judges for the post of Lokayukta, he said. Then,the chief minister begins consultation process with the leader of Opposition and finalise the name of the Lokayukta. The name is then approved by the council of ministers and recommended to the governor,he added. In the whole process,the role of the governor is to just sign the name approved by the council of ministers after consultation with the chief justice and the leader of opposition. Referring to the appointment of Mehta as Lokayukta by the governor,he said,The governor has written to the chief justice to suggest just one name,while the high court chief justice suggested the name to the Gujarat government. The Gujarat government in turn communicated to the chief justice that it has reservations against Justice Mehta due to his quasi-political nature of activities. However,he (Mehta) was appointed by a warrant by the governor when this process of consultations was still going on,Trivedi added.
