Ahmedabad: Gujarat Congress on Monday
requested Governor Dr Kamla Beniwal to initiate proceedings
against chief minister Narendra Modi under article 355 of the
Constitution for not appointing Lokayukta.
"Gujarat chief minister is trying to stall appointment
of lokayukta in the state in spite of Governor recommending
the name of Justice (retired) SD Dave for the post," Leader
of Opposition Shaktisinh Gohil said here today.
"Modi preferred to sit over the file (of
recommendation). He (Modi) even did not respond to two stern
reminders by the Governor for the appointing Dave as Lokpal,"
Gohil said.
Instead, Modi suggested a name of another judge
saying that his cabinet has approved the name, he said.
"Governor should invoke powers of Article 355 and
Article 356 for the unconstitutional act of the chief
ministers," the leader of opposition said.
"Law is very clear on appointment of lokayukta in the
state. It says that Governor has to appoint a lokayukta on the
basis of consultation with chief justice of high court and
leader of opposition," he said.
"Under section 3 (1) of the Lokayukta Act, state
governor has all power to appoint a person on the post," Gohil
said.
He demanded that governor should assert her right
of appointment of lokayukta, invoking powers of article 355
and should send a report to President Pratibha Patil under
Article 356 for Modi's unconstitutional act of not appointing
lokayukta.
PTI
First Published: Tuesday, April 19, 2011, 00:37