Gandhinagar: In an unprecedented move, Gujarat Governor Kamla Beniwal appointed retired judge Justice RA Mehta as the state Lokayukta bypassing the state government, which swiftly challenged the decision in the High Court.
The Governor's decision on Thursday night stoked a potential confrontation with the Narendra Modi government which had dithered on the issue of appointment of a Lokayukta for seven-and-a-half years.
The Governor said she cannot remain a "mute spectator" to the happenings in the state.
The state government challenged the appointment to the Lokayukta post, vacant since 2003, before the state High Court contending it was "unconstitutional and unilateral".
Mehta is a former judge of the Gujarat High Court.
Non-appointment of Lokpal had become a contentious issue, with Opposition Congress and ruling BJP blaming each other for the delay.
"Although it is true that generally the Governor acts as per the aid and advice of the Council of Ministers headed by the Chief Minister, there might be a circumstance, where Governor could not remain mute spectator to the happenings in the state and is compelled to use discretion," a statement from the Governor's office said in Gandhinagar on Friday.
"So...as per the provisions of section 3(1) of the Gujarat Lokayukta Act 1986, Dr Shrimati Kamla had used her power on August 25 and issued a Warrant of appointing Retd Justice RA Mehta as the Lokayukta of the state in overall interest of transparency and good governance", it added.
Directly indicting Modi government for non-appointment of Lokayukta for the last seven years, the Governor further said, "Despite several reminders... for the reason best known to it, the Government was delaying the matter for one reason
or other".
The state's junior law minister Pradipsinh Jadeja filed a petition in the Gujarat High Court, challenging the decision as "unconstitutional and unilateral".
The state government contended that under Article 154 of the Constitution, the Governor was bound to act in consultation, and as per the advice of, the council of ministers.
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