“Through amendments in the Lokayukta Act, 1968, the state government wants to impose the chief minister’s dominance in the matter of appointing a Lokayukta. The new ordinance also has provisions to abolish the role of the chief justice in the matter.”
These arguments were made by senior counsel Girish Patel before a bench of the Gujarat high court hearing two petitions challenging appointment of justice (retired) RA Mehta as the Lokayukta.
Justice Mehta was appointed as the Lokayukta of the state by governor Dr Kamla. She had bypassed the chief minister while making the appointment on August 25. Patel alleged that the government brought the Gujarat Lokayukta (amendment) Act, 2011 ordinance and forwarded it to the governor on August 17. This was returned by the governor as it eliminated the powers given to the chief justice of a state to recommend the name of a retired judge for the post of Lokayukta.
The government suppressed these facts before the HC while it produced a list of events that had taken place over the issue of Lokayukta since 2006, Patel said.
After Patel raised such significant issues, a bench of justice Akil Kureshi and justice Sonia Gokani, directed the state government to furnish the whole communication that took place between the state government and the governor, before it on October 8.
Talking to DNA, Patel said, "The government had not informed the high court about these facts in the new ordinance relating to the Lokayukta Act and in its communication with governor House from August 17 to 26.
Looking at the significance of the issue, the high court has directed the government to produce the entire communication." Patel further said that they argued before the court that the governor had twice rejected the ordinance as it did away with the chief justice's role in appointment of Lokayukta. He said the ordinance also gave too much power to the ruling party.
"Therefore, to avoid such consequences the governor immediately appointed justice Mehta as the Lokayukta on August 25 by using special powers under Lokayukta Act, 1986," said Patel.
Patel was appearing as an intervener party on behalf of Bhikha Jethava, who has filed a PIL challenging the government's failure to appoint a Lokayukta. Jethava and others had filed the petition prior to the appointment of Mehta by the governor and the matter was pending before the high court. The counsel argued before the court that the ordinance proposed to make a committee under the chairmanship of chief minister to find a suitable candidate for Lokayukta.
"It has powers to find and appoint a Lokayukta with minimal or no formal role of governor and even excluded the chief justice from the process. In the committee, there is a dominance of members of the ruling party. This is because the committee comprises the chief minister as the chairman, the speaker of assembly, law minister, a sitting judge nominated by the chief justice and Leader of Opposition (LoP)," Patel argued.
Patel further argued that the government has no intention of appointing a Lokayukta as it has not bothered to make an appointment for the last eight years.
