Taken aback by the Gujarat High Court's verdict that upheld the appointment of Justice R.A. Mehta as the Lokayukta by the Governor, the State government is likely to approach the Supreme Court on Thursday, challenging the judgment.
The High Court, by a majority of 2:1, rejected the State government's contention that there was no valid consultation by Governor Kamla Beniwal, and that the Governor independently exercised his power without the aid and advice of the Council of Ministers headed by Chief Minister Narendra Modi.
After the Governor appointed Justice Mehta as the Lokayukta, the State government challenged his appointment in the High Court. Initially, a Division Bench gave a split verdict, with one of them holding the appointment unconstitutional and the other holding it valid. Thereafter, the matter was referred to the third Judge, Justice V.M. Sahai, who on Wednesday held the appointment of Justice Mehta valid.
The State government will file an appeal, contending that in matters of appointments, the Governor could not exercise discretionary power and that he had to exercise his power with the aid and advice of the Council of Ministers.