In a setback to the Narendra Modi government, the Gujarat High Court, in a majority decision, on Wednesday upheld the appointment of the Lokayukta by the governor, dismissing the state’s challenge.

Justice V.M. Sahai, who was given the task of hearing the petition challenging the appointment of Lokayukta following the split verdict of a division bench, said: “I could not agree with Justice Sonia Gokani of the division bench on the points of difference, which were referred to me.”

In his verdict, he said, “I concur with the views of my brother, Judge Akil Kureshi.”

Kureshi had upheld the appointment of the Lokayukta calling it as “constitutional.”

“Hence, the government petition is dismissed,” the court said.

Modi has said he will appeal the verdict in the Supreme Court.

Gujarat Governor Kamla Beniwal had appointed retired Justice R.A. Mehta to the post of the Lokayukta on August 25, 2011. The post had been lying vacant for eight years prior to that.

The Gujarat government, led by Chief Minister Modi, opposed the appointment of the Lokayukta by the governor for “bypassing the State government.”

The government had challenged the appointment the very next day in the High Court and had also unleashed a political campaign against the governor.

Earlier, on October 11, 2011 a division bench of the High Court had given a split verdict on the appointment issue.

While Justice Kureshi upheld the governor’s decision, Justice Gokani quashed the warrant of appointment issued by the governor, terming it unconstitutional.