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HC Bench clarifies split verdict on Lokayukta
A Division Bench of the Gujarat High Court on Friday formulated its points of differences in the split verdict it had delivered on the contentious issue of the Governor’s controversial appointment of the Lokayukta without consulting the Chief Minister.
The High Court’s Division Bench comprising Justice Akil Kureshi and Justice Sonia Gokani, which had delivered the split verdict in October on the Governor’s controversial appointment of the Lokayukta, was asked to clarify its points of differences on the contentious issue.
Following the matter being referred back to it by the Chief Justice, the same Division Bench met on Friday and formulated the points of differences in their split verdict on the Lokayukta appointment issue.
The Bench said that the first point of difference between the two judges was whether the process of consultation between the Chief Justice of the High Court and the Chief Minister regarding the appointment of the Lokayukta was over or was it deadlocked.
The second difference between the two judges, the Bench observed, was whether the Governor was justified to unilaterally appoint Justice (Retd) RA Mehta as the Lokayukta under the circumstances prevailing then.
As a consequence of the above two points of differences, it is a moot question whether the State Government’s petition challenging the Lokayukta’s appointment should be allowed or not, the Division Bench concluded. The Division Bench’s observations on its points of differences would now be sent back to the Chief Justice who will subsequently refer the matter to another single judge Bench for its fresh opinion.
A Division Bench of the Gujarat High Court on Friday formulated its points of differences in the split verdict it had delivered on the contentious issue of the Governor’s controversial appointment of the Lokayukta without consulting the Chief Minister.
The High Court’s Division Bench comprising Justice Akil Kureshi and Justice Sonia Gokani, which had delivered the split verdict in October on the Governor’s controversial appointment of the Lokayukta, was asked to clarify its points of differences on the contentious issue.
Following the matter being referred back to it by the Chief Justice, the same Division Bench met on Friday and formulated the points of differences in their split verdict on the Lokayukta appointment issue.
The Bench said that the first point of difference between the two judges was whether the process of consultation between the Chief Justice of the High Court and the Chief Minister regarding the appointment of the Lokayukta was over or was it deadlocked.
The second difference between the two judges, the Bench observed, was whether the Governor was justified to unilaterally appoint Justice (Retd) RA Mehta as the Lokayukta under the circumstances prevailing then.
As a consequence of the above two points of differences, it is a moot question whether the State Government’s petition challenging the Lokayukta’s appointment should be allowed or not, the Division Bench concluded. The Division Bench’s observations on its points of differences would now be sent back to the Chief Justice who will subsequently refer the matter to another single judge Bench for its fresh opinion.
