The Gujarat High Court today postponed a hearing on Gujarat Government's petition challenging appointment of Lokayukta in the state till September 7. State Governor Dr. Kamla Beniwal had appointed Justice (retired) RA Mehta as the Lokayukta without the state government's consent.
Advocate Vijay Nagesh today stated that as governor cannot be made respondent in the petition, the name of Dr. Beniwal has to be removed from the memo of parties. Now the first respondent will be Justice (retired) RA Mehta, who has been appointed as Lokayukta, stated Nagesh.
The court today postponed the hearing and gave time to the petitioner to file the amended petition. Five connected matters have also been filed before the court, one being by Bhikhu Jethawa, father of murdered RTI Activist, Amit Jethawa.
The state had sought to make the Governor as a respondent in the case which the High Court suggested be amended as the same is not warranted under Article 361 of the Constitution. A division bench comprising Justice Akil Kureshi and Justice Soniya Gokani had asked the state to file amended petition in the matter.
On August 25, Governor Beniwal appointed Justice RA Mehta as the state Lokayukta bypassing the state government. On this matter senior leaders of Bharatiya Janata Party (BJP) had also visited the president Pratibha Patil and asked to recall the Governor.
For the last eight years post of Lokayukta in the state has been lying vacant.
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