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Acting on a petition moved by the state government against the appointment of Justice (retired) R A Mehta as Lokayukta by the Governor Kamla Beniwal,the Gujarat High Court has asked the state government to remove the Governors name as a respondent to the petition.
The court has kept further hearing on the same on September 5 while leaving the state government at liberty to make appropriate amendment to the petition.
The petition is being heard by the division bench of HC comprising Justices Akil Kureshi and Sonia Gokani.
In an unprecedented development,the state government had challenged the action of Governor who is the constitutional head of the state. It has called the act of the Governor unconstitutional and unilateral while adding that she could not bypass the procedure of consultation with the Council of Ministers over the issue.
Senior Advocate S N Shelat appeared on behalf of the Governor and during the hearing he argued that the Governor could never be made a respondent to a petition because its office has always been represented by the state government through an appropriate department.
Later,the court told the state government that it should carry out necessary amendment to the petition. Subsequently,the hearing was adjourned till September 5.
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