JUDGMENT :

V.M. Sahai, J.

In these writ petitions the warrant of appointment of Justice (Retired) R.A.Mehta as Lokayukta, State of Gujarat issued on 25.8.2011 by the Her Excellency the Governor of Gujarat, without or contrary to the aid and advice of the Council of Ministers headed by the Chief Minister, ignoring the letters dated 18.8.2011 written by the Chief Minister, has been challenged.

2. The Division Bench which heard the matter gave a split verdict on 10.10.2011 and referred the matter on 11.10.2011 to the Hon'ble Acting Chief Justice, who on 15.11.2011 nominated me to hear the matter. On 23.11.2011 a preliminary objection was raised that the Hon’ble Judges of the Division Bench had not formulated the points on which they differed, therefore, the reference was incompetent. The preliminary objection was upheld on 24.11.2011 and the reference was returned to the Acting Chief Justice. It appears that the matter was sent back to the Division Bench. On 9.12.2011 the points of disagreement have been formulated by the Division Bench. The matter has again been nominated to me on 13.12.2011 by the Acting Chief Justice. In Writ Petition (PIL) No.104 of 2011, the same Division Bench has