Gujarat governor's decision to appoint justice R A Mehta as Lokayukta was taken in haste, and without "aid or advice" of the council of ministers, state government on Wednesday stated before the Gujarat high court.
On August 26, Gujarat governor Dr Kamla, bypassing the Narendra Modi led government, appointed justice Mehta as the Lokayukta, a post which was vacant since 2003.
State government challenged it in the high court on the same day.
Advocate general Kamal Trivedi, representing the government, on Wednesday contended that warrant issued by the governor, appointing Mehta, needed to be quashed as the decision was unconstitutional. Arguing before the division bench of Justices Akil Kureshi and Sonia Gokani, Trivedi said the governor had taken the decision in haste, as the consultation process for selection of Lokayukta was on.
In the parliamentary democracy, governor has to act as per the the aid and advice of the council of the ministers, he said, adding that this was not the case here, hence Mehta's appointment was needed to be set aside.
He further said that in February 2010, Chief Justice (CJ) of Gujarat high court had suggested names of four retired HC judges for the post of Lokayukta.
The governor sent the list back in May 2010, saying that she wanted to ascertain the correctness of the process.