-The Hindu
Referring the matter back to the acting Chief Justice, Justice V.M. Sahai on Thursday said the split verdict given by the Division Bench on the Gujarat High Court’s appointment of Justice (retired) R.A. Mehta as the State Lokayukta could not be taken up by a third judge till the other two judges gave, in writing, the points of difference in their respective rulings.
Accepting the contentions put forth by the Jan Sangharsh Manch, Justice Sahai, who on Wednesday had reserved his ruling, referred the matter back to acting Chief Justice of the High Court Bhaskar Bhattacharya.
Calling the matter being referred to him “incompetent,” Justice Sahai said clarifications were necessary on the points of differences by the two judges. Justice Bhattacharya should now refer the issue back to the Division Bench of Justices Akil Kureshi and Sonia Gokani.
JSM Manch advocate Mukul Sinha had on Wednesday pointed out that a third judge could not be asked to take up the matter till the two judges specified their points of difference on the issue.
In August, Ms. Beniwal had unilaterally appointed Justice Mehta as State Lokayukta. Justice Kureshi held the appointment valid, while Justice Gokani ruled otherwise.