Lokayukta clause stayed

SHILLONG, DEC 14: The Meghalaya high court on Monday stayed a clause in the State Lokayukta Act, 2014 which allows non-judicial members to be appointed as the Chairperson of the Lokayukta

“The portion of clause (a) of sub-section (2) of Section 3, reads as “…. or an eminent person who fulfills the eligibility specified in clause (b) of subsection (3)”; and consequently, “Sub-clause (b) of Sub-section (3) of Section 3” insofar as it provides for the offending criterion for the appointment of the Chairperson is hereby stayed,” the full bench headed by the Chief Justice Uma Nath Singh said in its order issued on Monday.

Clause (a) of Sub-section (2) of Section 3 inter-alia provides one such criterion which is prescribed for both namely, the Chairperson as well as a member other than Judicial Member.

It reads as, “…or an eminent person who fulfills the eligibility specified in clause (b) of Subsection (3); and”. Sub-clause (b) of Sub-section (3) of Section 3 reads as : “(b) as a Member other than a Judicial Member, if he is a person of impeccable integrity and outstanding ability having special knowledge and expertise of not less than twenty-five years in the matters relating to anticorruption policy, public administration, vigilance, finance including insurance and banking, law and management.”

“The provision providing such eligibility criterion requires judicial scrutiny; for: the same eligibility cannot be provided for the Chairperson and for a member other than the Judicial Member of the Lokayukta,” the court said.

According to the order, the Central Lokpal and Lokayukta Act of 2013 do not prescribe any eligibility criteria for Lokayukta and Up-Lokayukta.

It also stated that apart, other states including state of Karnataka and state of Madhya Pradesh, looking to adjudicatory nature of work, has provided the eligibility criteria like a former Judge of Supreme Court; a Chief Justice of High Court or a Judge of High Court.

“Whereas, the eligibility criteria provided in the Meghalaya Lokayukta Act, 2014, inter alia includes a criterion whereby an eligible non-Judicial person can also be appointed as the Chairperson,” the court said while directing to issue notice to the state government.- By Our Reporter