HC tells Gujarat to delete governor from anti-Lokayukta petition

30 Aug 2011

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The Gujarat high court on Monday directed the Narendra Modi government to delete the name of governor Kamala Beniwal as one of the respondents to its petition challenging the appointment of retired judge R A Mehta as the state's lokayukta, or anti-corruption watchdog.

The Modi government has submitted to the court that the state has challenged the appointment because the lokayukta is backed by the Congress, and the governor is acting on behest of the party that is in opposition in the state.

Governors are appointed by the union government rather than chosen by the states, often leading to accusations that they favour the party ruling at the centre. In this particular case, the court is facing an unprecedented situation, as it is the first time a state government has challenged the appointment of a Lokayukta by the governor.

A division bench of Justices Akil Kureshi and Sonia Gokani told the state government that it should amend its petition, and could make the secretary of an appropriate department as a respondent in the matter instead of the governor. 

It directed the state government to submit the amended petition before 5 September.

The bench was also hearing a couple of other public interest litigations (PIL) seeking the appointment of a Lokayukta in Gujarat, and all of them will be heard on the same day.

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