Lokayukta row: Gujarat govt to file ‘curative’ petition in apex court

The Gujarat government has decided to file a "curative petition" in the Supreme Court following the dismissal of its review petition before the apex court challenging the appointment of Justice (retd) R A Mehta as the state Lokayukta.

"On Monday, we are filing a curative petition, as the legal remedy is still available to us, in the Supreme Court against its order rejecting the review petition," state government's spokesperson and Finance Minister Nitin Patel said.

"We received the copy of the judgement around 5 pm today and after consultation with legal experts, we are filing the curative petition."

On Thursday, the Supreme Court bench of Justices B S Chauhan and F M Ibrahim Kalifulla had dismissed the review plea.

The Modi government's stand has been that appointment of Lokayukta by Governor Kamla Beniwal was "illegal" as it was done without consulting the state government.

The SC, in its January 2 ruling, had given primacy to the opinion of the Gujarat High Court Chief Justice, disagreeing with the state's contention that Governor could not appoint Lokayukta without state government's advice.

In the subsequent review petition, the Gujarat government had cited a judgment of the apex court regarding appointment of Karnataka Lokayukta, where SC had said that the chief minister would have primacy in the selection process if the state law provided for his inclusion in the consultation.

Meanwhile, Justice (retired) Mehta said he had not received any communication either from the state government or the Supreme Court.

"I have received nothing either from the state government or from the Supreme Court. Once something reaches me, I will take a decision(whether to take up the job or not)," he told The Indian Express.

"Before parting with the case, we would like to mention that as the respondent no. 1 (R A Mehta) did not join the post, because of the pendency of the case, he may join now," the SC had observed while dismissing the state government's review petition.

... contd.

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