The appointment of Lokayukta in Gujarat rocked Parliament today, with an agitated BJP terming it as “undemocratic” and demanding the recall of Governor, Ms Kamla Beniwal, accusing her of violating the federal structure.

BJP members created uproar in both Houses over the issue.

Lok Sabha failed to transact any business as it was adjourned, first till noon and then till 2 PM. Rajya Sabha saw similar scenes during Zero Hour and had to be adjourned till 2 PM.

The Congress tried to counter by raising the acquittal of all 12 accused in the murder case of former Gujarat Home Minister Haren Pandya.

“We are going to approach the President seeking recall of the Governor,” BJP veteran, Mr L.K. Advani, said in the Lok Sabha amid frequent interruptions by a section of Congress MPs from Gujarat who had been finding fault with the State Government.

Raising the matter, he said while the Constitution provided that the Governor would act on the aid and advice of the Council of Ministers, it was violated in the case of Gujarat as the Governor appointed the Lokayukta without consulting the Chief Minister.

“Therefore, it is a fit case to be taken up by the House.

Parliament can take note of it. We will raise the matter with the President. We will seek recall (of the Governor)”, Mr Advani said.

It was a similar story in the Rajya Sabha where the Leader of the Opposition, Mr Arun Jaitley, alleged that “this constitutional crisis has been created at the behest of those in power in Delhi... This Governor should not stay in office even for a minute.”

BJP members alleged that the appointment was a breach of federal principles and accused the Governor of acting at the behest of the UPA Government at the Centre. The Gujarat Governor had appointed Mr R.A. Mehta as Lokayukta without consulting the Narendra Modi Government, they said.

In the Upper House, Mr Jaitley contended that the Governor had notified the appointment of Lokayukta “without the aid and advice” of the Council of Ministers in the state.

Congress members from Gujarat raked up the issue of the murder of senior BJP leader Haren Pandya in the wake of the Gujarat High Court acquitting all the 12 accused of murder charges. Pandya, a former state Home Minister, was shot dead on March 26, 2003.

The Congress members waved the photographs of Pandya and indulged in heated exchanges with their BJP counterparts, who were agitated over the issue and were showing placards like ‘Stop the Murder of Democracy in Gujarat’ and ‘Raj Bhavan in Gujarat has become Congress Bhavan’.

Countering the BJP in Lok Sabha, Mr Jagdish Thakor (Cong) accused the Modi Government of “catching the innocent and not the guilty” and alleged that law and order had completely failed in Gujarat.

“Haren Pandya was brutally murdered. 60 bullets were pumped into him and the real killers are roaming around scot-free”, Mr Thakor said referring to the acquittal of all the accused in the case.

Earlier, when the House met for the day, BJP members created uproar over the issue, forcing its adjournment till noon.

“This Constitutional crisis has been created at the behest of people in power in Delhi. So this Governor has no right to continue even for one minute,” Jaitley said demanding that the Centre should recall her.

BJP members trooped into the well demanding a reply from the Prime Minister on the issue.

Mr Jaitley said, the person who has been appointed as the state Lokayukta, has attended quasi political rallies. “How reports of such a person could be trustworthy,” he asked, saying reports of a Lokayukta appointed with “such malafides” cannot be trusted.

He also questioned how the Chief Justice can suo motu announce the name of Lokayukta without consulting the State Government, especially at a time when questions about judicial accountability are being raised.

Narrating the sequence of events, the Leader of the Opposition said the Governor did not give the recommendation on the appointment of the Lokayukta for three years after the State Government recommended the name of a judge for the post in 2009.

The House also witnessed arguments between the Chairman, Mr Hamid Ansari, and Mr Jaitley on whether persons in high offices can be discussed.

Mr Jaitley argued that in a situation where a Governor has acted without the aid and advice of the Council of Ministers, his or her role can be taken up in the House. He said both the Houses in the past have even discussed even the recall of governors.

BJD and NDA ally JD-U members were also on their feet in support of BJP

Noting that Gujarat is a text book example for every state, Mr Jaitley said if this was not stopped, “it will be repeated in every state.”

He asked if a situation can be allowed where the Centre-appointed Governor starts administering the states.

“You are going to destroy completely the federal structure” of the country, he said.

Quoting Article 163 of the Constitution, he said the Governor is bound to act as per the aid and advice of the Council of Ministers.

He said the Leader of the Opposition in the state did not attend at least five meetings called by the Chief Minister to decide on the name of Lokayukta.

When the Lok Sabha reassembled at 2 pm, BJP members resumed their protest against the Gujarat Governor.

Mr Sharad Yadav (JD-U) also raised the issue of appointment of Lokayukta in Gurajat and Vice Chancellors in various universities in Bihar by the respective Governors.

Mr Yadav wanted to know how Governors could take action without the advice of respective state governments.

The Parliamentary Affairs Minister, Mr Pawan Kumar Bansal, rejected the Opposition allegations and accused the members of not allowing the House to function.

Seeking cooperation from the Opposition, he said the Government has a heavy agenda as several bills were awaiting passage in the Lok Sabha.

Following the uproar, the Deputy Speaker, Mr Karia Munda, adjourned the House till 3 pm.

The Rajya Sabha also witnessed similar protests when it re-assembled and the Chair adjourned the House for the day.

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