CM, ministers under ambit of Lokayukta bill passed in Maharashtra legislative council

Mumbai: The Maharashtra Vidhan Parishad on Friday passed the Lokayukta Bill 2022, which brings the chief minister and council of ministers under the ambit of the anti-corruption ombudsman, with some suggestions.

The bill had been passed by the state Vidhan Sabha during the last year’s winter session at Nagpur. However, some legislators had raised objections when it was tabled in the Parishad earlier, following which the bill was referred to a joint committee.

After some of the recommendations were incorporated, education minister Deepak Kesarkar tabled it again in the upper house and it was passed unanimously on Friday.

Maharashtra is the first state in the country to bring the chief minister and council of ministers under the purview of the anti-corruption ombudsman.

According to the Bill, the Lokayukta will have to seek the approval of the Vidhan Sabha before initiating any inquiry against the chief minister and bringing a motion before the session of the house. Such a motion shall be passed by not less than two-thirds of the total members of the Vidhan Sabha.

The Bill also states that the Lokayukta will not investigate cases involving allegations of corruption against the chief Minister on matters related to internal security or public order.

“Any such inquiry shall be kept secret and if the Lokayukta comes to the conclusion that the complaint deserves to be dismissed, the records of the inquiry shall not be published or made available to anyone,” said the Bill.

The trial against the chief minister, any other Cabinet minister and elected representatives will need to be completed within a year of the date of complaint, according to the Bill.

As per the provision, the Lokayukta shall have a Chairperson, who shall be a present or former Chief Justice of a High Court or a judge of the Supreme Court or the Bombay High Court. The Lokayukta shall have a maximum of four members, of whom two shall be from the judiciary.

The selection committee for the appointment of the Lokayukta Chairperson and Members will consist of the Chief Minister, the Deputy Chief Minister, the Speaker of the Vidhan Sabha, the Speaker of the Vidhan Parishad, the Leader of the Opposition in the Vidhan Sabha and Parishad, and the chief justice of the Bombay High Court or a judge nominated by the CJ.

The bill introduced in the assembly states that no appointment of Lokayukta chairman or member will be invalid in the absence of anyone in the selection committee.