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Upa Ayukta: CJ in the dark

The state government has painted itself into a corner over the appointment of Upa Lokayukta Justice Chandrashekaraiah, with more details emerging of the hasty and flawed procedures it employed in his selection. Sources in the state secretariat told Deccan Chronicle that the government cannot escape the fury of Governor H.R. Bhardwaj and Chief Justice Vikramjit Sen, who has sought the recall of Justice Chandrashekaraiah.

The sources said that as part of the selection process, Chief Minister, D.V. Sadananda Gowda wrote to Justice Sen, Opposition leaders in the Assembly and Council Siddaramaiah and Motamma, Speaker K.G. Bopaiah and Council Chairman Chairman D.H. Shankaramurthy, saying “the state government has decided to fill up the post of Upa Lokayukta. It fell vacant following the resignation of Justice R. Gururajan. Please send the name of a suitable candidate.”

In response, Justice Sen reportedly suggested the name of Justice Rangavittalachar, while Siddaramaiah and Motamma recommended Justice K. Ramanna and Justice Mohammad Anwar respectively. Mr Sadananda Gowda, Mr Bopaiah and Mr Shankaramurthy agreed on Justice Chandrashekaraiah, and the Chief Minister went ahead with the latter’s appointment without allegedly informing the Chief Justice, who learned about it when he received an invitation to the swearing-in.

The government’s efforts to persuade Justice Chandrashekaraiah to step down have failed. Sources said the government is pinning its hopes on the high court order on a public interest litigation (PIL) questioning the controversial appointment. “We could not remove Justice Chandrashekaraiah following the Chief Justice’s letter. However, in the rarest of rare cases, if a petitioner seeks writ of quo warranto (specific direction from the court), the court has the power to quash the appointment of the Upa Lokayukta.”

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