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Guj Lokayukta: The 8-year deadlock over an appointment

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Parimal Dabhi

Posted: Jan 20, 2012 at 0358 hrs IST

The Void

November 24, 2003: S M Soni retires as Lokayukta. For nearly three years, Gujarat goes without a Lokayukta until Chief Minister Narendra Modi initiates pro-cess to appoint a successor.

Vyas & Out

August 7, 2006: Modi proposes the name of retired judge Kshitij Vyas.

August 25, 2006: The then Governor asks Modi if Leader of Opposition had been consulted about the appointment. Two-and-a-half years more pass without a Lokayukta.

February 6, 2009: Governor writes to CM expressing reservations about appointing Vyas because of the latter’s position as chairman of Maharashtra State Human Rights Commission.

Fresh Search

September 10, 2009: Governor writes to CM to send a fresh proposal after consultations with Gujarat’s Chief Justice and Leader of Opposition.

December 29: Private secretary to Governor writes to High Court registrar-general, seeking that the matter be placed before Chief Justice, and a panel of former judges from among whom the Lokayukta would be selected. Under Gujarat Lokayukta Act, the letter points out, Governor has to appoint Lokayukta in consultation with Leader of Opposition and CJ.

February 8, 2010: CM writes to CJ to suggest a panel of three retired judges.

February 24: CJ recommends a panel of four: Pravinsinh Chauhan, Babulal Patel, Ramesh Dholakia, Jayprakash Vora.

Discord

March 2, 2010: CM invites Leader of Opposition to join consultation process.

March 3, 2010: Leader of Opposition writes back, saying the CM has no role in the appointment. Governor Kamla Beniwal too writes to the CM, saying she had initiated process and already consulted Leader of Opposition.

Vora/Dholakia

March 22, 2010: CM zeroes in on Jayprakash R Vora as most suitable.

March 31: Cabinet clears file for Vora’s appointment. Proposal is sent to Governor the next day.

April 23: Governor writes to CJ seeking his opinion on who is a better choice: Vora or Dholakia.

April 27: CJ writes back that Dholakia would be a better choice.

May 3: After seeking Attorney General of India’s opinion, Governor writes to CJ asking him to recommend only one name for post.

May 10: HC appoints Vora director of Gujarat State Judicial Academy. On June 11, he takes charge.

Vora/Dave

December 29, 2010: CJ writes to Governor and recommends retired judge S D Dave’s name.

December 31: CJ writes to CM too, points out Vora has been appointed GSJA director, recommends Dave as Lokayukta.

January 6, 2011: Governor writes to CM to process Dave’s name as Lokayukta.

February 21: CM insists on Vora, asks Governor to find out if he is willing.

March 22: CJ writes to CM, asking him to consider Dave.

May 1: Dave faxes message to Governor, requesting nomination be recalled due to personal difficulties.

May 4: CM writes to CJ about Dave’s request, brings up Vora’s name again. Says government has taken his consent and he is willing to quit GSJA.

Vora/Mehta

June 7, 2011: CJ writes to CM and Governor, recommending retired judge R A Mehta as Lokayukta. The same day, Governor asks CM to clear Mehta’s name.

June 16: CM writes to CJ, prefers Vora.

August 2: CJ writes to CM dismissing his objections against appointing Mehta.

August 16: Governor writes to CM to send formal proposal for Mehta as Lokayukta.

August 18: CM writes to CJ reiterating objections.

Mehta It Is

August 25, 2011: Governor appoints R A Mehta as Lokayukta. Within hours, state government challenges decision in Gujarat HC.

October 10: Division bench of justices Akil Kureshi and Sonia Gokani is split on government’s petition. Matter is referred to third judge.

January 18, 2012: Justice V M Sahai dismisses petition, upholds appointment.

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