High Court ‘closes’ state’s right to file affidavits

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Lokayukta Act

SHILLONG: The Meghalaya High Court on Monday ‘closed’ the right of the state government to file affidavits on the provisions of Meghalaya Lokayukta Act, 2014, that allows a non-judicial member to head it, after the chief secretary did not file a comprehensive affidavit on the matter.
A division bench headed by Chief Justice Uma Nath Singh in its order said, “We have asked the chief secretary only to file a comprehensive affidavit which he has not done. Thus, we close the right of state to file affidavit.”
The bench said that despite a detailed order passed by this court last year (on December 17), Chief Secretary P B O Warjri has not filed affidavit.
The High Court had directed the state government to file affidavit on the provisions of Section 3 of Meghalaya Lokayukta Act, 2014, which allows non-judicial members to be appointed as the Chairperson of the Lokayukta in the state.
During the hearing,   the Advocate General BP Todi informed the court that the state has decided to file Special Leave Petition in the Supreme Court.
Responding to this, the Chief Justice said that though the state has decided to file a Special Leave Petition in the Supreme Court, “until there is an order of stay, the proceedings pending before this Court cannot be stalled merely on such statements.”
The next hearing on the issue will be held on January 7

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