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Gujarat to move apex court against Lokayukta's appointment
Wednesday January 18, 2012 03:37:21 PM,
IANS
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Gandhinagar: The
Gujarat government Wednesday said it will approach the Supreme
Court against the high court order upholding the appointment of R.A. Mehta as the Lokayukta or ombdusman by Governor Kamla Beniwal.
"The way forward is to study the judgment and after having the
competent legal advice we shall challenge it before the honourable
apex court of this country," Gujarat government spokesperson Jay
Narayan Vyas told reporters here.
"We will move to the Supreme Court for further remedy because we
believe that the issue raised by us is fundamental to the safety
of the federal structure and also very central to provisions of
the Constitution of India," he said.
In a setback to the Narendra Modi government, the Gujarat High
Court Wednesday upheld the appointment of Mehta as the Lokayukta.
"This is an issue which touches constitutional provisions and if
governors are permitted to work outside the ambit of the
constitution then you can't work in this country because you are
having a federal structure," said Vyas.
Vyas said the government's plea was that since Modi has written a
letter to the chief justice of the Gujarat high court on the
matter, the appointment is unconstitutional.
"The letter was not replied and a process of consultation was
pending. Under that circumstances, saying that it has resulted in
a deadlock and therefore move unilaterally and appoint a Lokayukta
was not within the provision of the constitution, which requires
the office of governor to consult the council of ministers before
any such appointment," he added.
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