In the wake of a split verdict by the Gujarat high court on the controversial appointment of Lokayukta by the Governor, the issue is now likely to go to a third judge for breaking the tie.
Justice Akil Kureshi, who had on Monday upheld the appointment of Justice R A Mehta by Governor Kamla Beniwal, on Tuesday said that in case where there is a difference of opinion among the judges of a division bench, the practise is that the Chief Justice sends the matter to a third judge.
Meanwhile, Justice Sonia Gokani, who had on Monday differed with Justice Kureshi on the appointment of the Lokayukta, quashed the warrant of appointment issued on August 25, holding that the Governor had "overreached" herself and that her action was not in accordance with parliamentary democracy.
"The appointment of Mehta was not in accordance with parliamentary democracy and the Governor overreached her powers," she said.
Justice Gokani said no court would want such an important post to remain vacant for a long time and directed the government to appoint Lokayukta in four months.
On Monday, Justice Kureshi had upheld the appointment of Mehta, saying that normally the Governor has to act as per aid and advice of the council of ministers but this was a peculiar case.
Rejecting Gujarat government's contention that the Governor did not act as per the advice of the council of ministers, Kureshi had said that in this case it cannot be said that Governor had acted in her discretion or without the aid and advice of the council of ministers.
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