Terming the split verdict by the Ahmedabad High Court on the Gujarat Lokayukta appointment case as a "tie" the BJP on Monday said Governor's decision (to appoint Lokayukta) as untenable

Unfazed by the High Court verdict on the Gujarat Lokayukta appointment issue, the Bharatiya Janata Party on Monday said though the case will now go to a three-judge bench, politically the Governor’s decision is untenable as she is bound to act as per the advice of the Council of Ministers.

“In a way this was tie. This is a legal process where the two-judge bench was divided and the case will now go to a three-judge Bench. So, let us wait for the courts to decide the issue,” BJP spokesperson Prakash Javadekar said.

A two-judge Bench of the Ahmedabad High Court on Monday gave a split verdict on the appointment of R.N. Mehta as the Lokayukta of Gujarat. The Narendra Modi-led BJP government in the state had objected to Governor Kamla Beniwal appointing Mehta without consulting the council of ministers.

“Politically this decision today is untenable.

According to Article 163 of the Constitution, the Governor is bound by the advice of the Council of Ministers,” Mr. Javadekar said.

He insisted that “constitutionality is paramount” and will be upheld.

“We are very sure that the decision of the Governor was a politically motivated attack on the federal structure. The Congress is isolated on this issue as even its allies differ from it on this matter,” Mr. Javadekar said.

Justice Akil Qureshi rejected the government’s contention that the Governor acted without the aid and advice of the Council of Ministers saying the argument cannot be held right as it was a peculiar case. However, the other Judge, Justice Sonia Gokani did not agree with him.