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The notice was issued by a division bench of Justices Akil Kureshi and Sonia Gokani after the earlier one issued on September 7 was not served on him.
The next hearing in the matter has now been scheduled for September 28, when the court will also hear the contempt petition against Modi for leaking his letter written to the Prime Minister to the media.
Gujarat Governor Dr Kamla Beniwal appointed Mehta last month as Lokayukta bypassing the state government on the post lying vacant for the last seven years. In the next hearing, the court will also hear the petition of Leader of Opposition Shaktisinh Gohil who wants to join in as party in the contempt petition.
A bunch of petitions are being heard together by the court in this regard, including a public interest litigation seeking appointment of Lokayukta in the state.
Justice Kureshi told one of the petitioners (who was insisting that the notice be issued after hearing him), that the court had no intention of delaying the matter and it was concerned about the issue. He asked the petitioner's lawyer that it would hear him only after the main matter of the Lokayukta is decided. We do not want to divert from the issue at the moment, the court said.
Others who have been served the notice include the registrar general of the Gujarat high court and principal secretary to the chief justice of Gujarat high court.
The HC registrar general and principal secretary to the chief justice also filed their reply with regard to the issue through counsel Shalin Mehta.
On August 26, Dr Kamla, bypassing the Narendra Modi led government, appointed Retd. Justice R A Mehta as the state Lokayukta, a post which was vacant since 2003. Aggrieved by this, the state government challenged it in the high court on the same day contending that the decision was "unconstitutional and unilateral".