Friday, February 3, 2023

State disregards Karnataka CJ’s disapproval of Upa-Lokayukta choice, NGO moves SC

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New Delhi: While the Chief Justice of the Karnataka High Court objected to the appointment of retired judge Bhimanagouda S Patil as Upa-Lokayukta in the state, the government has gone ahead and announced its decision. An NGO has moved the Supreme Court against this decision of the state government, asking how it could do so even as the CJ of the court was against it.

A bench of the Chief Justice S. A. Bobde, Justice A. S. Bopanna and Justice V. Ramasubramanian has sought a response from the state government, as well as form Justice Patil within four weeks. 

The Supreme Court was hearing an appeal filed by NGO Samaj Parivarthana Samudaya, through its founder president SR Hiremath, seeking a direction in the nature of quo warranto (a writ or legal action requiring a person to show by what warrant an office or franchise is held, claimed, or exercised) and the quashing of the government order of November 20, 2019, to appoint Justice Patil as Upa-Lokayukta. 

The plea questions what would constitute meaningful and effective consultation under Section 3(2)(b) of the Karnataka Lokayukta Act, 1984, and whether even if CJ of HC disagrees on the chosen name, can still the government proceed and claim relevant material was supplied?

– India Legal Bureau

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