Gandhinagar, Sep 1 (IANS) Gujarat Chief Minister Narendra Modi Thursday shot off a letter to Prime Minister Manmohan Singh demanding the immediate recall of Governor Kamla Beniwal and annulment of Justice (Retd) R.A. Mehta’s appointment as Lokayukta.
The state has already challenged the appointment of the Lokayukta by the governor in the Gujarat High Court.
The chief minister termed Mehta’s appointment as made without the advice of the council of ministers and in collusion with the leader of the opposition.
?The governor of Gujarat has wrongly appropriated the function of the duly elected state government, which is a major subversion of the constitution, and appointed a person who has been participating in quasi-political activities and campaigning against the state government,? he alleged.
?On June 7, 2011, Chief Justice of Gujarat High Court suo moto suggested the name of Justice R.A. Mehta. Leader of Opposition unilaterally supported the proposal of the Chief Justice. State Government wrote a letter back to Chief Justice pointing out the anti-government stand of Justice R.A. Mehta on various occasions in the past and pointed out that a person with a biased and prejudiced mind against State Government cannot act independently as a Lokayukta. While the matter was under correspondence, regrettably, the Governor without consulting the State Government on August 25, 2011, notified the appointment,? Modi said in his letter to the prime minister.
The letter stated that the state government had initiated the process of appointing Lokayukta way back in 2006.
‘After consulting the Leader of Opposition and obtaining consent of the Chief Justice, the State Government advised the Governor to appoint Justice Kshitiji R. Vyas (Retd.) as Lokayukta. From 2006 to 2009, not much happened except routine correspondence between State Government and the Governor,’ the letter recalled.
‘In 2009, when Justice Vyas was appointed as Chairman of Human Rights Commission in Maharashtra, the Governor after a lapse of three years returned the file on Oct 2,2009, asking for an alternate appointment. Later, the name of retired Justice J.R. Vohra was suggested and thereafter that of Justice S.D. Dave, who withdrew and did not want to be appointed,? it pointed out.
Citing precedents in other states, the letter pointed out that the Article 163 of the Constitution is over and above Section 3 of the Lokayukta Act, 1986. The provision of any act does not have a supremacy over provisions in the Constitution of India.
‘In the same way, Lokayukta Act, 1986, is giving power to the Governor under Section 3 of the Lokayukta Act but at the same time, the Governor has to work on the aid and advice of the Council of Ministers as laid down in Article 163 of the Constitution,? the letter pointed out.
