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Supreme Court of India

State of Gujarat & Anr. v. Honble Mr. Justice R. A. Mehta (retd) & Ors.

Neutral citation
Reported as [2013] 1 S.C.R. 1
Bench Dr. B.S. Chauhan and Fakkir Mohamed Ibrahim Kalifulla JJ.
Decided 2 January 2013

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14 Supreme Court benches have cited this judgment.

What the Court ordered

Held as under: A "As provided under Section 3 of the Lokayukta Act, appointment is expressly to be done by the Governor on aid and advice of the Council of Ministers headed by the Chief Minister who are 8 required to so do it after consultation with the Chief Justice and the Leader of the Opposition party." (3) Mr.

Judgment, page 55

From the headnote

Gujarat Lokayukta Act, 1986: s.3 - Appointment of Lokayukta - 'Consultation' - Connotation of - Primacy of opinion of Chief Justice of State - Held: Section 3 must be construed in the light of meaning given by courts to the word 'consultation' so as to give effect c to the provisions of the statute to make it operative and 0 workable - Statutory construction of provisions of the Act itself mandates primacy of opinion of the Chief Justice - In a situation where one of the consultees has primacy of opinion under the statute, either specifically contained in a statutory provision, or by way of

Authorities it was built on

Where later benches applied it

Of those, 3 relied on · 10 referred to · 1 mentioned

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