Nishka Srinivas Veluvali
Published On: February 10, 2022 at 20:04 IST
The Kerala High Court issued a Notice to the State Government to respond on the Petition filed, questioning the Constitutional validity of the recent Amendment brought to the Section 14 of the Lokayukta Act proposed by an Ordinance.
The Division bench of Justice S Manikumar and Justice Shaji P Chaly considered the Petition and immediately issued a Notice to the State Government.
The Court also passed an Interim Order stating that, “Any Decision taken by the Authority constituted by way of the new Ordinance during the interregnum will be subjected to the outcome of the Petition before the High Court”.
The Petition was filed by a social worker RS Sasikumar through the Senior Advocate George Poothottam under the guidance of the Advocate Arun Chandra. Advocate General Gopalakrishna Kurup K along with the Government Pleader V Manu appeared to accept the Notice for the State Government.
Petitioner in his Plea stated that he had moved to the Kerala Lokayukta opposing the nepotism, favouritism and abuse of power of the Chief Minister and other members of the Cabinet while taking the crucial decisions and favouring people on the basis of political grounds leading to the remittal of the Chief Minister’s Distress Relief fund.
He had filed the Complaint under the ambit of Section 9 of the Act which is at the final phase of hearing and had requested declaration as per the Section 14 of the Act.
However, the State Government on January 19, came up with the Amendment of Section 14 and other provisions of the Act.
The Section 14 of the Act states, if a finding is returned by the Lokayukta or Upa Lokayukta against the public servant, the public servant is required to vacant the office.
However, the Amended Ordinance maintains that – the Governor, Chief Minister or the State Government would be a qualified Authority to accept or Quash the declaration of the Lokayukta, after providing a chance of being heard.
The Petitioner claimed that the Ordinance is in the violation to the Doctrine of Separation of Powers as described in the Article 50 of Indian Constitution.
The Kerala Lokayukta Act was implemented in 1999 replacing the Kerala Public Men (Prevention of Corruption) Act 1983 granting the powers to the Lokayukta to inquire into the matters or actions including omission relatable to the matters detailed in the List II or List III of the 7th schedule of the Indian Constitution.
