New Delhi, January 19
The Gujarat Government today filed an appeal in the Supreme Court challenging the High Court order upholding the appointment of Justice RA Mehta as the Lokayukta by the state Governor.

The state government contended that under Section 3 of the Lokayukta Act the Lokayukta could be appointed by the Governor only acting on the advice of the council of ministers.

But Governor Kamla Beniwal appointed Justice Mehta as the Lokayukta on August 25, 2011 on her own discretion which was against the country’s federal structure envisaged under the Constitution, the government said in the petition.

In view of this, the HC verdict upholding the Governor’s appointment of the Lokayukta was also against the principle of federalism which was a strong and necessary provision, it argued.

Chief Minister Narendra Modi had insisted on the appointment of Justice JR Vora as the Lokayukta but this was not accepted by the HC Chief Justice as Justice Vora was already holding the post of the Director of the State Judicial Academy.