The Karnataka High Court on Monday gave the state government two days to start the process of filling the post of Lokayukta, which has been lying vacant for 11 months.
Hearing a public interest litigation petition filed by H S Neelakantappa from Chikmagalur alleging that the BJP government was “deliberately” not appointing the Lokayukta, a Division Bench comprising Chief Justice Vikramjit Sen and Justice Aravind Kumar directed Advocate General S Vijay Shankar to consult the state government and clarify its stand in two days, and adjourned the case till Wednesday.
Shankar contended that a special leave petition challenging the HC’s order of quashing the appointment of Justice Chandrashekaraiah as Upa Lokayukta was pending before the Supreme Court, and it would come up for hearing on August 6. Thus the Lokayukta could not be appointed till the SC gave its verdict.
Rejecting Shankar’s contention, the Bench observed, “There is no connection between the appointment of the Lokayukta and issue pending before the SC, and its not fare to leave the post vacant by giving (such) reasons. You (state) start your process of appointment.”
On the appointment of Justice Chandrashekaraiah as Upa Lokayukta, Shankar said according to HC direction, the Chief Justice’s decision would be final. Justice Sen objected to Shankar’s contention and said,c “During the appointment of Justice Chandrashekaraiah as Upa Lokayukta you have not consulted the Chief Justice and this is the reason for all this controversy. The Bench cannot view your consideration of HC verdict as a reason.” He further observed that the judiciary and government should work in public interest. “It is not fair to give the reason of pending petition before Supreme Court,” he said.
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