The third judge of the Gujarat High Court today reserved the ruling on a petition related to appointment of Lokayukta in the state till January 18. Justice V M Sahai,who was assigned the case following a split verdict by a division bench,today concluded the hearing on the questions framed by the bench of justices Akil Qureshi and Sonia Gokani. In August,Governor Kamla appointed Justice (retd) R A Mehta as the state Lokayukta,a post lying vacant since November 2003. The state government challenged the appointment before the high court on the same day,contending that the governor's action was "unconstitutional and unilateral". On October 11,division bench delivered a split verdict. While Justice Kureshi,who headed the bench,upheld the governor's action,Justice Gokani held the appointment as unconstitutional. The state government had contended that appointment was made when the consultation between the chief minister,the governor and the chief justice of high court was not over. The state argued that the governor did not act under "aid and advice" of the council of ministers,as required by the Constitution and Gujarat Lokayukta Act. The state government had also objected to Mehta's appointment on the grounds that he was old for the job and was associated with anti-government groups. The respondents contended that consultation process was over as the Chief Justice had twice told the chief minister that Mehta was the right choice.
