Undue delay in formation of M’laya Lokayukta
SHILLONG: There is undue delay in the formation of Lokayukta thanks to the stay order of the High Court of Meghalaya which had prevented any eminent person from holding the post of Chairman of Lokayukta.
It was in December last that the High Court in a suo moto case had stayed a provision of the Meghalaya Lokayukta Act which had allowed an eminent person to hold the post of Chairperson of Lokayukta.
The High Court, instead, wanted judicial members to form part of the Lokayukta.
However, the State government had filed a Special Leave Petition challenging the order of the High Court which will come up for hearing middle of March.
Earlier during the hearing on January 28, the High Court had expressed displeasure over the delay on the part of the State government to explain the status of the Special Leave Petition in the Supreme Court against the ruling of the High Court.
The High Court had also imposed fine of Rs 20,000 on the State government for the adjournment of the case citing the absence of the Advocate General.
The matter will come up for hearing in the High Court on February 28.
When contacted, Supreme Court lawyer and counsel for the State government, Ranjan Mukherjee, said over phone from Delhi on Sunday that since the government has already moved the Special Leave Petition, the High Court will be appraised of the matter.
“The SLP will come up for hearing in the Supreme Court in the middle of March,” Mukherjee said.
According to Mukherjee, the delay was due to the errors in some annexure in the petition which was later rectified.
Following the stay order of the High Court, concerned over the matter, Thma-U-Rangli-Juki (TUR), which is campaigning for an independent Lokayukta had pointed out that the State government had followed the provisions of Central Lokpal Act while framing the Meghalaya Lokayukta Act.
As per the Central Lokpal Act, “The Lokpal shall consist of a Chairperson, who is or has been a Chief Justice of India or is or has been a Judge of the Supreme Court or an eminent person who fulfils the eligibility specified in clause (b) of sub-section (3) of Central Lokpal Act.”
The clause (b) speaks about the qualification of a person heading the Lokayukta.
A non-judicial member can become the chairperson of Lokayukta as per the clause which said, “a member other than a Judicial member can become the chairperson, 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 anti-corruption policy, public administration, vigilance, finance including insurance and banking, law and management”.
The State government had followed similar provisions while framing the Meghalaya Lokayukta Act.
