The Gujarat High Court Issued Notice to the State Government on Lokayukta
India Current Affairs 2011. The Gujarat High Court on 11 August 2011 issued notice to the state government over a PIL seeking appointment of Lokayukta
The Gujarat High Court on 11 August 2011 issued notice to the state government over a PIL seeking appointment of Lokayukta as per the Gujarat Lokayukta Act, 1986. Gujarat government has not appointed lokayukta for the last seven years.
A division bench of Justice Akil Kureshi and Justice Sonia Gokani while issuing the notice asked the state government to file its reply by 29 August 2011 when the next hearing is scheduled. The high court asked the state government to file an affidavit detailing the present status over the appointment of lokayukta. The PIL was filed by Bhikhabhai Jethava, father of slain Right To Information (RTI) activist Amit Jethava who was shot dead in front of Gujarat High Court in July 2010.
Jethava demanded that non-appointment of lokayukta be held illegal and unconstitutional and also sought court's directions to the state government to appoint lokayukta within a stipulated period of time in accordance with the Act. The petitioner also contended that the state has failed to appoint the lokayukta even one year after it made a statement on the same. The petitioner stated in the PIL that Gujarat had a Lokayukta till 2003 and even after more than seven years the state government has not made another appointment, thereby frustrating the Act.
He alleged that non-appointment of a Lokayukta was a deliberate failure on part of the government in fulfilling its constitutional obligation since it was mandatory to appoint
the authority as per the Act. Due to the absence of a Lokayukta there was no institution or platform in the state that could investigate such allegations, he contended.