Name of retd Justice D P Buch was approved during the cabinet meeting held today under the chairmanship of Modi.
"The Gujarat cabinet has approved the name of retired Gujarat High Court Judge D P Buch, recommended by the Chief Justice of Gujarat High Court, for the post of state Lokayukta," an official statement issued by the state government said.
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The previous appointment in August 2011 of retd Justice R A Mehta as Lokayukta in Gujarat by Governor Kamla Beniwal, overruling the decision of Modi and his council of ministers, had steered a controversy resulting in political stand-off between Modi government and the Governor. This was followed by a two year-long legal battle with state government challenging the appointment of Mehta in Gujarat High Court and later in Apex Court.
After Supreme Court upheld Mehta's appointment by the Governor, Mehta declined to assume office saying that he was 'hurt' by the mind-set and attitude of Gujarat government that opposed his appointment.
Lokayukta controversy
The Guajrat Governor had on August 25, 2011 appointed retd Justice R A Mehta to the post of Lokayukta, which had been lying vacant for the last eight years. This order was challenged by the Gujarat government on the same day in the Gujarat High Court. The division bench of the High Court had given the split verdict on the appointment issue on October 11, 2011. While Justice Akil Kureshi had upheld the decision of the Governor, Justice Sonia Gokani had quashed the warrant of appointment terming it to be unconstitutional. Justice V M Sahai delivered verdict upholding appointment of Mehta after the division bench gave a split decision on the legitimacy of the Governor's action in appointing Justice Mehta, a retired judge of the Gujarat High Court, as Lokayukta. The Gujarat government had moved the apex court against the January 18, 2012 order of the Gujarat High Court upholding the Governor's decision. Challenging the High Court's order in the Supreme Court, the state government had contended that the personal discretion exercised by the Governor in unilaterally issuing the warrant of appointment of Lokayukta was "unwarranted". In January 2013, SC upheld the appointment of Mehta and rejected Modi government's petition. Gujarat government then filed a review petition which again rejected. A last bit effort to overturn the decision was also dismissed by the Apex court recently when it rejected curative petition of Gujarat government.
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