New Delhi, Aug 30 (IANS) The Bharatiya Janata Party (BJP) Tuesday strongly demanded the recall of Gujarat Governor Kamla Beniwal for appointing the Lokayukta without consulting the party-led state government and said it would approach President Pratibha Patil on the issue.
BJP members created a ruckus in both houses of parliament over the issue, leading to repeated adjournments throughout the day.
Outside the house too, the party kept up its offensive with its leaders of opposition in the two houses – Sushma Swaraj and Arun Jaitley – accusing the governor of violating the constitution and its federal character. Party MPs staged a protest in front of Mahatma Gandhi’s statue within the parliament complex.
The government, however, dismissed the BJP’s opposition, with Law Minister Salman Khurshid telling reporters outside parliament that as per the state Lokayukta Act, the governor is supposed to consult the chief justice of the high court in the matter.
Raising the issue in the Lok Sabha after its first adjournment, BJP leader L.K. Advani charged that the federal structure had been violated in the appointment of Justice (retd) R.A. Mehta as the state Lokayukta by the governor.
‘We will go to President Pratibha Patil to demand the recall of Governor Kamla Beniwal,’ said Advani, adding that the appointment of the Lokayukta was done without consulting Chief Minister Narendra Modi.
He said the governor should be impartial and should appoint the Lokayukta on the advice of the chief minister and the council of ministers.
Raising the issue in the Rajya Sabha, Jaitley demanded recall of the governor. He alleged that the constitutional crisis in the state had been ‘created at the behest of people in power in New Delhi’.
If the central government succeeds in the appointment of the Lokayukta without consultation of the state government, the precedent would be repeated in every state, he said.
Jaitley added that the constitution mandates the governor should act on the advice of the state cabinet.
Later, in a joint statement with Sushma Swaraj, Jaitley said the state government had recommended appointment of Justice (retd) Kshitij R. Vyas as Lokayukta in 2006 after following the due process of consultation. He said that nothing much happened between 2006 and 2009 except routine correspondence between the state government and the governor and Justice Vyas was later appointed chairman of the Maharashtra Human Rights Commission.
The BJP leaders said the state government subsequently recommended the names of four retired judges for Lokayukta but an appointment could not be made.
They said the chief justice of Gujarat high court suo moto recommended the name of Justice R.A. Mehta to the chief minister in June 2011.
‘The state government pointed to the chief justice that Justice R.A. Mehta was not acceptable as Lokayukta of Gujarat on several grounds. He had since retirement been an active campaigner on various issues against the state government… Obviously, the chief justice of Gujarat High Court ought never to have recommended such a name. He should have only given his opinion on the name/names suggested by the state government,’ the BJP leaders said.
They said the state governor notified the appointment on Aug 25 without consulting the state government.
‘The entire federal polity of India stands shaken by the fact that a person who has been a political opponent of the state government is notified for appointment as Lokayukta without the consent of the state government,’ the BJP leaders said.
Khurshid rejected opposition by the BJP and said that some decisions have to be taken by the Governor using discretion. He said the courts will decide the matter in case of dispute.
‘The act, as I understand, says the governor will consult the chief justice. You can’t read things into it,’ Khurshid said.
‘And if the act means something else, says something else, the courts will decide. How can we decide,’ he asked.
