I have not read High Court Judgement in this case. Nor I am aware of grounds taken by Gujarat Government in Supreme Court to challenge appointment of Justice R.A.Mehta as Lokayukt. I am not connected with this case in anyway. This is just a speculative discussion. This is just a light discussion on a coffee table.
In laws, sometimes appointment decision has to be taken after consultation with Chief Justice.
Mostly things work smoothly. But sometimes a deadlock develop. Names suggested by Chief Minister are not acceptable to Chief Justice. And names suggested by Chief Justice are not acceptable to Chief Minister.
Then who shall prevail?
In past decisions in similar matters, it has been held that in such cases, opinion of Chief Justice is to be prevailed.
If these judgements are indicators, I think Supreme Court may upheld High Court Judgement.
As I pointed out earlier, this is just a light discussion on blog. Ultimately, I can be proved wrong also.
Haresh Raichura
3rd May, 2012
