<p>Modi told the prime minister in a letter that the credibility of the institution of Lokayukta has been eroded by such an appointment. <br /><br />He also pointed out that the governor was holding back a number of progressive bills passed by the Legislative Assembly. <br /><br />This, Modi alleged, is being done at the behest of the opposition party to thwart the exemplary economic growth and development achieved by the state even in such a worldwide troubled economic scenario. The governor has decided to become an instrument in the hands of the opposition party in the state and at the Centre.<br /><br />His letter seeking the governor’s recall said: “From this, it is very clear that discretion is to be used to exercise those functions or any of them as prescribed in the Constitution, and not under any other statute or state law. <br /><br />“All functions of the state are carried out by the executive in the name of governor. Thus, there is no discretion with the governor to exercise the function to appoint the Lokayukta on her own except to act as per aid and advice of the council of ministers headed by the chief minister of the state.”<br /><br />Referring to the Gujarat Lokayukta Act, 1986, he pointed out: “The act clearly shows that the word ‘governor’ in Section 3 of the Acts means, the ‘government’ and there are any number of Supreme Court judgments which clarify that the governor has to act on the aid and advice of the council of ministers. <br /><br />“There are no discretionary powers with the governor to appoint lokayukta without the specific recommendations of council of ministers.” <br /><br />Supporting his argument, he said, recently, in Karnataka, too, the name was sent by the chief minister to governor for approval.</p>
<p>Modi told the prime minister in a letter that the credibility of the institution of Lokayukta has been eroded by such an appointment. <br /><br />He also pointed out that the governor was holding back a number of progressive bills passed by the Legislative Assembly. <br /><br />This, Modi alleged, is being done at the behest of the opposition party to thwart the exemplary economic growth and development achieved by the state even in such a worldwide troubled economic scenario. The governor has decided to become an instrument in the hands of the opposition party in the state and at the Centre.<br /><br />His letter seeking the governor’s recall said: “From this, it is very clear that discretion is to be used to exercise those functions or any of them as prescribed in the Constitution, and not under any other statute or state law. <br /><br />“All functions of the state are carried out by the executive in the name of governor. Thus, there is no discretion with the governor to exercise the function to appoint the Lokayukta on her own except to act as per aid and advice of the council of ministers headed by the chief minister of the state.”<br /><br />Referring to the Gujarat Lokayukta Act, 1986, he pointed out: “The act clearly shows that the word ‘governor’ in Section 3 of the Acts means, the ‘government’ and there are any number of Supreme Court judgments which clarify that the governor has to act on the aid and advice of the council of ministers. <br /><br />“There are no discretionary powers with the governor to appoint lokayukta without the specific recommendations of council of ministers.” <br /><br />Supporting his argument, he said, recently, in Karnataka, too, the name was sent by the chief minister to governor for approval.</p>
