The appointment of Lokayukta in Gujarat rocked Parliament on Tuesday, with an agitated Bharatiya Janata Party terming it as "undemocratic" and demanding recall of Governor Kamla Beniwal accusing her of violating the federal structure.
BJP members created uproar in both Houses over the issue.
Gujarat Governor Kamla Beniwal had appointed R A Mehta as the Lokayukta without consulting the Narendra Modi government.
The BJP claims this is violation of Article 163 of the Constitution which states that the Governor should act on the advice of the Council of Ministers.
The BJP feels this is a breach of federal principles as the Governor is allegedly acting at the behest of the UPA government at the Centre and against the state government.
In the Rajya Sabha, Leader of the Opposition Arun Jaitley alleged that "this constitutional crisis has been created at the behest of those in power in Delhi... This Governor should not stay in office even for a minute."
BJP members alleged that the appointment was a breach of federal principles and accused the Governor of acting at the behest of the UPA government at the Centre. The Gujarat Governor had appointed R A Mehta as Lokayukta without consulting the Narendra Modi government, they said.
Jaitley contended that the Governor had notified the appointment of Lokayukta "without the aid and advice" of the Council of Ministers in the state.
Jaitley said the person who has been appointed as the state Lokayukta has attended quasi political rallies. "How reports of such a person could be trustworthy," he asked, saying reports of a Lokayukta appointed with "such malafides" cannot be trusted.
He also questioned how the Chief Justice can suo motu announce the name of Lokayukta without consulting the state Government, especially at a time when questions about judicial accountability are being raised.
Narrating the sequence of events, the Leader of the Opposition said the Governor did not give the recommendation on the appointment of the Lokayukta for three years after the state government recommended the name of a judge for the post in 2009.
The House also witnessed arguments between Chairman Hamid Ansari and Jaitley on whether persons in high offices can be discussed.
Jaitley argued that in a situation where a Governor has acted without the aid and advice of the Council of Ministers, his or her role can be taken up in the House. He said both the Houses in the past have even discussed even the recall of governors.
The Lok Sabha and Rajya Sabha failed to transact any business as they were adjourned repeatedly.
In the Lok Sabha, BJP veteran L K Advani said, "We are going to approach the President seeking recall of the Governor."
Raising the matter, he said while the Constitution provided that the Governor would act on the aid and advice of the Council of Ministers, it was violated in case of Gujarat as the Governor appointed the Lokayukta without consulting the Chief Minister.
"Therefore, it is a fit case to be taken up by the House. Parliament can take note of it. We will raise the matter with the President. We will seek recall (of the Governor)", Advani said.
Congress members from Gujarat raked up the issue of the murder of senior BJP leader Haren Pandya in the wake of the Gujarat High Court acquitting all the 12 accused of murder charges. Pandya, a former state Home Minister, was shot dead on March 26, 2003.
The Congress members waved photographs of Pandya and indulged in heated exchanges with their BJP counterparts, who were agitated over the issue and were showing placards like 'Stop the Murder of Democracy in Gujarat' and 'Raj Bhavan in Gujarat has become Congress Bhavan'.
Countering the BJP in Lok Sabha, Jagdish Thakor (Cong) accused the Modi government of "catching the innocent and not the guilty" and alleged that law and order had completely failed in Gujarat.
"Haren Pandya was brutally murdered. 60 bullets were pumped into him and the real killers are roaming around scot-free", Thakor said referring to the acquittal of all the accused in the case.
Additional Inputs: PTI
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