Tuesday, August 30, 2011

BJP demands Gujarat Governor's recall


New Delhi:  The BJP wants Gujarat Governor Kamla Beniwal recalled for appointing a Lokayukta or ombudsman in the state without the consent of the Narendra Modi-led government. The party says the Governor's act is a "constitutional violation and an attack on federalism" and it forced repeated adjournments in Parliament on the issue today.

The party has alleged that the Governor is acting upon the instructions of the union government. "We have reason to believe that the Governor was nudged by people in Delhi to do this," senior leader Arun Jaitley said. Party leaders said they would meet President Pratibha Patil to seek the Gujarat Governor's recall.

The BJP wanted Question Hour in both the Rajya Sabha and Lok Sabha to be suspended for an urgent discussion on the appointment of RA Mehta as the new Lokayukta by Dr Beniwal. There was much furore and adjournment after adjournment in both Houses, finally for the day. 

Outside Parliament, senior BJP leader LK Advani led party MPs from Gujarat in protesting against the appointment of the Lokayukta by the Governor and demanded her removal for "bypassing established norms." And in Ahmedabad, the Modi government moved a petition in the High Court against the appointment and BJP leaders took to the streets in protest.

"We are going to meet the President on September 1 or 2 when she returns to the capital. All norms were ignored by the Governor, like consultation with the Chief Minister before the appointment or taking the advice of his Cabinet on the issue. The Lokayukta was appointed by the Governor bypassing all established norms," Advani told reporters.

Asked if the BJP would demand Dr Beniwal's removal, Advani said, "Yes. We are going to meet the President over this." 

Senior leader Sushma Swaraj accused the UPA government at the Centre of damaging the federal structure and said the Gujarat Lokyaukta appointment was "the last nail."

The Centre is deflecting blame as it waits to see what happens to Modi's petition in the high court - it comes up for hearing next week. For now, Law Minister Salman Khurshid would merely say, "The state government will have to prove that the Governor was wrong."

On Friday, the Gujarat governor Dr Kamla Beniwal appointed a retired High Court judge, RA Mehta, as the new Lokayukta or ombudsman of the state. The post had been vacant for seven years. The Governor reportedly consulted legal experts before choosing Dr Mehta. The BJP has challenged the appointment because Mr Modi and his government were not consulted. The party claims this violates Article 163 of the Constitution which states that the Governor of a state must act on the advice of the Council of Ministers.

Mr Modi had suggested that the Lokayukta be selected by a committee that included three ministers, the Leader of the Opposition Congress party, and the state's Chief Justice. The Governor had rejected that proposal. 
 
The last Gujarat Lokayukta, SM Soni, retired in 2003. It took the Modi Government three years to approve a suggestion that he be replaced. Three years more before the then Gujarat Governor rejected the suggestion on technical grounds. 

In the state there is a blame game: The BJP government says the Opposition's lack of cooperation held up the appointment. The Opposition, Congress, says it had submitted its suggestions.


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