Gandhinagar: The Gujarat government Wednesday
said the state High Court verdict upholding appointment of Lokayukta by Governor would be challenged in the Supreme Court
following consultations with legal experts.
The Gujarat High Court, in a majority decision upheld the
appointment of Lokayukta by the Governor, while dismissing the
plea of the state challenging it.
"We accept the verdict of the high court. But our points remain and we will challenge this decision in the Supreme Court after consultations with legal experts," Gujarat government spokesperson and Health Minister Jaynarayan Vyas said.
"We had raised two points in our petition before the
high court. The first point was that the consultation process
between the chief minister and the chief justice was not over
and the former had written a letter to the latter on the
issue," Vyas said.
"The second point we raised was- this is an issue which
touches the constitutional provisions. If governors are
permitted to work outside the realm of the constitutional
provisions, it would become very difficult for the state
governments to work," Vyas said.
"Our plea with the high court was fundamental to the
safety of the federal structure and also very central to
the provision by the Constitution of India, as this decision
of the Governor bypassed constraints and restraints imposed by
the Constitution on the Governor`s office," Vyas said.