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Governor can't bypass government on
Lokayukta, Gujarat tells SC
Tuesday November 06, 2012 09:55:05 PM,
IANS
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New Delhi: The Gujarat
government Tuesday told the Supreme Court that Governor Kamla
Beniwal could not have acted independent of the advice of the
council of ministers on the appointment of Ramesh Amritlal Mehta
as Lokayukta.
"The governor is the titular head of the state and has to act on
the aid and advice of the council of ministers" and could not have
exercised her individual "prerogative" in the appointment of Mehta
as Lokayukta, senior counsel K.K. Venugopal, appearing for
Gujarat, told the apex court bench of Justice B.S. Chauhan and
Justice Fakkir Mohamed Ibrahim Kalifulla.
Venugopal told the court that Modi thrice called the leader of
opposition for consultation but he did not attend the meeting and
thereafter a decision on the appointment of Lokayukta from among
the list of people recommended by the chief justice was taken.
"Here question arises whether the refusal by the leader of
opposition amounts to consultation," asked Justice Chauhan.
"You can take a horse to a pond but you can't make him drink
water," Venugopal said.
"Water is not clean," observed Justice Kalifulla.
Venugopal assailed Beniwal's decision of seeking the opinion of
Attorney General G.E. Vahanvati on the appointment of Lokayukta
bypassing Chief Minister Narendra Modi and his council of
ministers.
Describing it as an "inconceivable situation", Venugopal said in
the court that the governor sought one name from the chief justice
of the high court and consulted the leader of opposition but kept
the chief minister completely out of the picture.
The apex court is hearing the Gujarat government's petition
challenging the high court's verdict upholding the appointment of
Mehta, a former high court judge, as Lokayukta.
Assailing the action of the governor, Venugopal said her action
would "amount to shaking the constitutional scheme of things"
wherein the governor acts on the aid and advice of the council of
ministers.
Venugopal will continue the arguments Wednesday.
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