Justice Mehta, in a letter to Governor Dr Kamla Beniwal and Chief Justice of the High Court, has cited seven reasons which "confirmed his belief that he could not persuade himself to accept the office of Lokayukta".

"I humbly withdraw my consent for the appointment as the Gujarat Lokayukta and decline to assume the office. Kindly accept my request and relieve me," Mehta said.

"I frankly admit that I will not be able to fulfill the public duty, public need and high public expectation from the Lokayukta in the circumstances,” he said.

"How can I take the responsibility and become the Lokayukta when my objectivity and credibility are not accepted by the government and by the public functionaries whose conduct the Lokayukta may have to investigate? Findings and recommendations - for or against a public functionary- will always be under question mark," Mehta said.

Mehta lamented the way the state government invited him to take charge of Lokayukta office after the Supreme Court judgment on its curative petition was rejected. "The letter of the Gujarat government dated July 26, 2013 (delivered at my Ahmedabad residence while I was in USA) does not indicate any invitation or interest by the government," he said.

In January 2013, after losing case in the Gujarat High Court, the state government had moved to the Supreme Court seeking cancelation of Justice Mehta's appointment. In July, the Apex Court dismissed the petition of Modi government and upheld the appointment of Mehta. Justice Mehta was appointed as the Lokayukta of Gujarat on August 25, 2011 by Dr Kamla Beniwal. At that time, Modi government had alleged that the Governor did not consult the Cabinet before picking the ombudsman.

The post of Gujarat's Lokayukta had been vacant since 2003 before Justice Mehta was selected.


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