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SC Gujjudgement

SC Gujjudgement

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Published by Suresh Nakhua

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Published by: Suresh Nakhua on Jan 02, 2013
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State of Gujarat & Anr. AppellantsVersusHon’ble Mr. Justice R.A. Mehta (Retd) & Ors. Respondents
WITHS.L.P(C) Nos. 2625-2626 of 2012 & 2687-2688 of 2012J U D G M E N TDR. B.S. CHAUHAN, J.
1.These appeals have been preferred against the judgments andorders of the High Court of Gujarat at Ahmedabad in SpecialCivil Application No. 12632 of 2011, dated 10.10.2011 and18.1.2012.
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2.The facts and circumstances giving rise to these appeals are asunder:A.The legislature of Gujarat enacted the Gujarat Lokayukta Act1986 (hereinafter referred to as the, ‘Act, 1986’), which provided for the appointment of a Lokayukta, who must be a retired Judge of theHigh Court. The said statute, was given effect to, and variousLokayuktas were appointed over time, by following the procedure prescribed under the Act, 1986, for the said purpose, i.e., the Chief Minister of Gujarat, upon consultation with the Chief Justice of theGujarat High Court, and the Leader of Opposition in the House,would make a recommendation to the Governor, on the basis of which, the Governor would then issue requisite letters of appointment.B.The post of the Lokayukta became vacant on 24.11.2003, uponthe resignation of Justice S.M. Soni. The Chief Minister, after theexpiry of about three years, wrote a letter dated 1.8.2006 to the Chief Justice, suggesting the name of Justice K.R. Vyas for appointment tothe post of Lokayukta. The name of Justice K.R. Vyas was approved by the Chief Justice, vide letter dated 7.8.2006, and the Chief Minister, after completing other required formalities, forwarded thesaid name, to the Governor on 10.8.2006, seeking his approval, as
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regards appointment. The file remained pending for a period of 3years, and was returned on 10.9.2009, as Justice K.R. Vyas had beenappointed as Chairman of the Maharashtra State Human RightsCommission, on 21.8.2007.C.On 29.12.2009, Private Secretary, to the Governor of Gujarat,addressed a letter to the Registrar General of the High Court of Gujarat, requesting that a panel of names be suggested by the Chief Justice, so that the same could be considered by the Governor, withrespect to their possible appointment, to the post of Lokayukta.D.The Chief Minister, also wrote a letter dated 8.2.2010, to theChief Justice, requesting him to send a panel of names of three retiredJudges for the purpose of consideration of one of them to be finallyappointed as Lokayukta. The Chief Justice, vide letter dated24.2.2010, suggested the names of four retired Judges, taking care tostipulate that the said names were not arranged in any order of  preference, and that any one of them, could thus, be chosen by theGovernor.E.The Chief Minister after receiving the aforementioned letter,made an attempt to consult the Leader of Opposition, regarding thesaid names by writing a letter dated 2.3.2010, who vide letter dated

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