The state government has a tough legal battle on hand on Monday when the Gujarat High Court resumes hearing of its petition against the governor for appointing a Lok Ayukta in the state without consulting the chief minister.
Bhikha Jethva, father of slain RTI activist Amit Jethva, has also filed a petition asking that he be allowed to join as respondent in the case. He has also urged the court that it hear him, along with the petition filed by the state government challenging the appointment of the Lokayukta.
The state government first did not appoint a Lokayukta despite the assurance given to the high court during the hearing of a petition filed by Amit Jethva in 2010. When the government did not keep its promise, Amit's father had approached the court for appointment of a Lok Ayukta.
Meanwhile, the governor recently appointed Gujarat high court's retired acting chief justice RA Mehta as the Lok Ayukta. The government has challenged the appointment in the high court.
During the previous hearing of the state government's petition on August 29, the high court bench of Justice Akil Kureshi and Justice Sonia Gokani had ordered that the office of the governor be deleted as a respondent from the government's petition. The bench had also asked the government to make suggestions on Monday as to whom it could make party respondent in the case.
Meanwhile, two more petitions similar to Bhikha Jethva's have been filed against the state government for non-appointment of Lok Ayukta for more than eight years. One petition has been filed by Gandhi Sena trust and the other by an NGO, Dhangadhra Prakruti Mandal.
Moreover, Jan Sangharsh Manch (JSM), a civil rights organisation, has also filed an application before the Gujarat high court seeking to join in the PILs filed against the state government for non-appointment of Lok Ayukta. The NGO will also file an application to initiate contempt of court proceedings against the state government. Mukul Sinha, convenor of JSM, said, "We filed the petition as the matter of appointment of Lok Ayukta is relevant to the public at large. We have already moved the plea and requested the high court to hear us along with other petitions."
All petitions related to non-appointment of Lok Ayukta as also the state government's petition challenging the appointment of Lokayukta by the Governor, will be heard together today.
The JSM also intends to file a contempt of court petition before the Gujarat government on Monday.
