ADVERTISEMENT

Gujarat to move Supreme Court today

January 18, 2012 02:25 pm | Updated October 18, 2016 12:58 pm IST - New Delhi:

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.

ADVERTISEMENT

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.

This is a Premium article available exclusively to our subscribers. To read 250+ such premium articles every month
You have exhausted your free article limit.
Please support quality journalism.
You have exhausted your free article limit.
Please support quality journalism.
The Hindu operates by its editorial values to provide you quality journalism.
This is your last free article.

ADVERTISEMENT

ADVERTISEMENT