NEW DELHI: In a setback for the Narendra Modi government, the Gujarat High Court, in a majority decision, on Wednesday upheld the appo­intment of Lokayukta by the Governor while dismissing the plea of the State challenging it. The Gujarat government has said that the High Court verdict, upholding the appointment of the Lokayukta by the Governor, would be challenged in the Supreme Court “following consultations with legal experts”.
“While we await the full text of the verdict, our points remain, and we will challenge this decision in the Supreme Court after consultations with legal experts,” Gujarat government spokesperson and state Health Minister Jaynarayan Vyas told Express.
“We had raised two points in our petition before the High Court. The first point was that the consultation process between the Chief Minister and the Chief Justice was not over, and the former had written a letter to the latter on the issue,” Vyas said.
“The second point we raised was—this is an issue which touches the Constitutional provisions. If governors are permitted to work outside the realm of the Constitutional provisions, it would become very difficult for the state governments to work,” Vyas said.
“Our plea with the High Court was fundamental to sa­fety of federal structure and also central to the provision by the Constitution of India, as this decision of the Governor bypassed constraints and restraints imposed by the Constitution on the Governor’s office,” Vyas added.
Earlier in the day, the Gujarat High Court upheld the appointment of Lokayukta by the governor, rejecting the state government’s plea, three months after it gave a split verdict. The verdict is being seen as a blow to Chief Minister Modi.