Second shock for govt as Upa Lokayukta follows Bidari route

In yet another blow to the state government’s battered image, the Karnataka high court on Tuesday quashed the appointment of Justice Chandrashekaraiah as the second Upa Lokayukta.

In a landmark judgment, a division bench headed by Justice N Kumar and Justice HS Kempanna, in a stinging indictment of the government’s selection policy, held that the selection procedure followed by chief minister DV Sadananda Gowda in appointing Justice Chandrashekaraiah was not in conformity with the law and hence the appointment is illegal, unconstitutional and void.

The division bench set aside the Jan 21, 2012, notification by the government in appointing Justice Chandrashekaraiah and directed it to initiate proceedings for a fresh appointment to the post as expeditiously as possible.
The current setback for the government comes within two days after the court quashed the appointment of Shankar Bidari as the DG&IGP.

The HC  refused Chandrashekaraiah’s counsel’s plea to stay the order for a period of eight weeks so as to enable him to challenge it before the Supreme Court.

Pointing to the lapses on part of the government in adhering to the guidelines in the selection of the Upa Lokayukta, the court observed that the process adopted by the CM before advising the name to the government was totally illegal. “The Chief Justice had suggested the name of Justice Rangavittalacharya, a retired HC judge to the chief minister for the post of Upa Lokayukta.

The chief minister, thereafter, did not circulate the name of Rangavittalacharya and did not inform the Chief Justice that his name was not accepted,” the court said.

“The procedure followed by the CM in recommending Chandrashekaraiah was not in accordance with the law. It violates the statutory mandate as consultation with the Chief Justice is a sine qua non before he advises governor and recommends the name,” the bench observed.

The bench noted that while other constitutional functionaries had suggested the names of other judges, the chief minister accepted the name of Justice Chandrashekariah. “Chief Justice only came to know about it when the state issued a notification stating he has been appointed as the Upa Lokayukta,” the court observed. Therefore, the order of appointment was “void and liable to be dismissed”.

The judges said it was very clear that there had been no “meeting of minds.” “The CM has not taken the consent of Chief Justice in respect of the name of Justice Chandrashekaraiah before advising the governor to appoint him as the Upa Lokayukta. The name suggested by the CJ has not been given primacy,” the order said.