BENGALURU: Has Chief Minister Siddaramaiah failed to adhere to the process of consultation as stipulated by the Karnataka Lokayukta Act, 1984, before proposing the name of Justice S.R. Nayak for the post of Lokayukta?
Former Advocate General and constitutional expert B.V. Acharaya told Deccan Chronicle that the Chief Minister has not held effective consultation with members of the panel before taking a decision to recommend the name of Justice Nayak to Governor Vajubhai Vala.
Acting Chief Justice S.K. Mukherjee did not attend the meeting on Friday, but recommend the name of Justice Vikramjit Sen.
Therefore, how could one arrive at a conclusion that Mr Siddaramaiah held effective consultation when he did not disclose Justice Nayak’s name to Justice Mukherjee, he queried adding “effective consultation means that each member in the committee must be informed about Justice Nayak’s name and that name must be discussed elaborately.
If Justice Sen’s name cannot be considered by the committee, the reasons must be explained to all members. If the first name is rejected, the approved name (Justice Nayak) should be discussed effectively and Chief Minister should give the reason to the committee members.”
In its verdict announced on January 11, 2013, the Supreme Court, which quashed the appointment of Upa Lokayukta Justice Chandrashekaraiah, clearly stated that “the recommendation of the Chief Justice must be accepted, unless there are strong and cogent reasons for not doing so.The reasons would, naturally, have to be disclosed to the Chief Justice as a part of the process of consultation. It is also quite understandable that the Chief Justice would be the best person to assess the suitability of a person for appointment to such a position.”
When the Chief Minister held a meeting of the consultative committee on Friday, acting Chief Justice S.K. Mukherjee suggested the name of former Supreme Court judge Vikramjit Sen, and so did Opposition leader in the Assembly Jagadish Shettar, Opposition leader in the Legislatitve Council K.S.Eshwarappa and Chairman of the Legislative Council D.H. Shankaramurthy. Mr Siddaramaiah, however, stuck to his choice and decided to recommend the name of Justice Nayak. Thus, the Chief Minister has ignored the apex court ruling in this instance.
