Judgment :-

Dr. B.S. Chauhan, J.

1. These appeals have been preferred against the judgments and orders of the High Court of Gujarat at Ahmedabad in Special Civil Application No. 12632 of 2011, dated 10.10.2011 and 18.1.2012.

2. The facts and circumstances giving rise to these appeals are as under:

A. The legislature of Gujarat enacted the Gujarat Lokayukta Act 1986 (hereinafter referred to as the, ‘Act, 1986’), which provided for the appointment of a Lokayukta, who must be a retired Judge of the High Court. The said statute, was given effect to, and various Lokayuktas were appointed over time, by following the procedure prescribed under the Act, 1986, for the said purpose, i.e., the Chief Minister of Gujarat, upon consultation with the Chief Justice of the Gujarat High Court, and the Leader of Opposition in the House, would make a recommendation to the Governor, on the basis of which, the Governor would then issue requisite letters of appointment.

B. The post of the Lokayukta became vacant on 24.11.2003, upon the resignation of Justice S.M. Soni. The Chief Minister, after the expiry of about three years, wrote a letter dated 1.8.2006 to the Chief Justice, suggesting the name of Justice