Ahmedabad: In the wake of a split verdict by
the Gujarat High Court on the controversial appointment of
Lokayukta by the Governor, the issue is now likely to go to a
third judge for breaking the tie.
Justice Akil Kureshi, who had yesterday upheld the
appointment of Justice RA Mehta by Governor Kamla Beniwal,
today said that in case where there is a difference of opinion
among the judges of a division bench, the practise is that the
Chief Justice sends the matter to a third judge.
Meanwhile, Justice Sonia Gokani, who had yesterday
differed with Justice Kureshi on the appointment of the
Lokayukta, quashed the warrant of appointment issued on August
25, holding that the Governor had "overreached" herself and
that her action was not in accordance with parliamentary
"The appointment of Mehta was not in accordance with
parliamentary democracy and the Governor overreached her
powers," she said.
Justice Gokani said no court would want such an important
post to remain vacant for a long time and directed the
government to appoint Lokayukta in four months.
Yesterday, Justice Kureshi had upheld the appointment of
Mehta, saying that normally the Governor has to act as per
aid and advice of the council of ministers but this was a
Rejecting state government`s contention that the governor
did not act as per the advice of the council of ministers,
Kureshi had said that in this case it cannot be said that
Governor had acted in her discretion or without the aid and
advice of the council of ministers.