The Gujarat government Wednesday said it will approach the Supreme Court against the high court order upholding the appointment of R.A. Mehta as the Lokayukta or ombudsman by Governor Kamla Beniwal.
“The way forward is to study the judgment and after having the competent legal advice we shall challenge it before the honourable apex court of this country,” Gujarat government spokesperson Jay Narayan Vyas told reporters here.
“We will move to the Supreme Court for further remedy because we believe that the issue raised by us is fundamental to the safety of the federal structure and also very central to provisions of the Constitution of India,” he said.
In a setback to the Narendra Modi government, the Gujarat High Court Wednesday upheld the appointment of Mehta as the Lokayukta.
“This is an issue which touches constitutional provisions and if governors are permitted to work outside the ambit of the constitution then you can’t work in this country because you are having a federal structure,” said Vyas.
Vyas said the government’s plea was that since Modi has written a letter to the chief justice of the Gujarat high court on the matter, the appointment is unconstitutional.
“The letter was not replied and a process of consultation was pending. Under that circumstances, saying that it has resulted in a deadlock and therefore move unilaterally and appoint a Lokayukta was not within the provision of the constitution, which requires the office of governor to consult the council of ministers before any such appointment,” he added.
