PIL Filed in HC of Karnataka Challenging the Appointment of Upa-Lokayukta
BY: – SYED ALI TAHER ABEDI
A Public Interest Litigation filed in High Court of Karnataka, by Samaj Parivathana Samudaya (SPS) is a voluntary organisation working in Karnataka, and other parts of India since 1984.
It works in close co-operation with several other voluntary organisations, networks and movements, to promote actions with people’s power of participation on a broader scale towards social transformation and to bring about larger collective impacts on the governmental policies, deliberated legislations and programmes for human-wellbeing.
The petition is filed through their advocate S. Basavaraj.
The PIL is filed “To maintain institutional integrity of the public institution meant for prevention and eradication of corruption in the State of Karnataka.”
The petitioner who believes that institutional integrity and constitutional morality should prevail over political morality and extraneous considerations in the matter of appointment to highest offices which are meant to safeguard the citizenry against maladministration and corruption is aggrieved by the appointment of 4th respondent in clear violation of the Act and the law declared.
In the absence of alternative, efficacious remedy left open for the redressal of the grievances, the petitioner has invoked the extraordinary jurisdiction of this Hon’ble Court under Article 226 of the Constitution of India on the following grounds.
The petitioner is deeply hurt that a constitutional functionary such as the Governor of Karnataka had to make a factually incorrect and rather false (if the petitioner is permitted to say so) statement in the appointment order that the Hon’ble Chief Justice of Karnataka was consulted in the matter of appointment of 4th respondent as Upa-Lokayutka. This, in the most respectful submission of the petitioner, is a disgrace.
A constitutional functionary making a false representation in the orders is the ultimate debacle of the Governmental machinery and the same shall be condemned/dealt with utmost sternness.
To compound the utter disregard for Rule of Law and in clear perpetuation of fraud on power, the Governor of Karnataka issued an order on However, in clear violation of the provisions of the Act and the law declared by this Hon’ble Court and the Hon’ble Supreme Court, the Governor of Karnataka, the Governor of Karnataka has issued an order appointing the 4th respondent herein as Upa-Lokayuktha by making factually incorrect statement that the Chief Justice of Karnataka was consulted regarding the appointment.
This, in the most respectful submission of the petitioner, is the ultimate disgrace done to one constitutional functionary by another. The order issued by the Governor of Karnataka on 20th November 2019 is produced herewith marked Annexure-G
Read the Petition Here
