"In a way this was tie. This is a legal process where the two-judge bench was divided and the case will now go to a three-judge bench. So, let us wait for the courts to decide the issue," BJP spokesperson Prakash Javadekar said.
A two-judge bench of the Ahmedabad high court on Monday gave a split verdict on the appointment of R N Mehta as the Lokayukta of Gujarat. The Narendra Modi-led BJP government in the state had objected to Governor Kamla Beniwal appointing Mehta without consulting the council of ministers.
"Politically this decision today untenable. According to Article 163 of the Constitution, the governor is bound by the advice of the Council of Ministers," Javadekar said. He insisted that "constitutionality is paramount" and will be upheld.
"We are very sure that the decision of the governor was a politically motivated attack on the federal structure. The Congress is isolated on this issue as even its allies differ from it on this matter," Javadekar said.
Justice Akil Qureshi rejected the government's contention that the Governor acted without the aid and advice of the council of ministers saying the argument cannot be held right as it was a peculiar case. However, the other judge, Justice Sonia Gokani did not agree with him.
"In one case the lease agreement was executed on the day of allotment which is impossible as the process takes three to four months time," Somaiya alleged. He said land ranging from 40,000 square metre to 1.27 lakh metre was allotted to around a dozen builders.
"We have submitted all the documents including those collected through RTI and from the registrar of companies offices with the Lokayukta and demanding a through inquiry of the scam," he said.
To a question, he said that after Diwali a complaint would also be lodged against a senior cabinet minister in Mayawati government Naseemuddin Siddiqui. "We have received several complaints and information regarding Siddiqui and a complaint will be lodged against him after Diwali," he said.
