“The court order is being studied. Advocate General Vijay Bahadur Singh will give a reply to the Supreme Court on Wednesday, as desired by the Supreme Court,” an official told The Pioneer here
Governor Ram Naik and Chief Justice of Allahabad High Court DY Chandrachud have already raised questions over selection process of new lokayukta. The last meeting to shortlist the Ombudsman was held on September 27 in which Chief Minister Akhilesh Yadav, Chief Justice of Allahabad High Court and leader of Opposition in Vidhan Sabha Swamy Prasad Maurya met but failed to reach a consensus.
In that meeting too Chief Justice DY Chandrachud had questioned the validity of the procedure adopted by the government for selection of lokayukta following lokayukta Amendment Bill passed by the state government in both Houses of state legislature during Monsoon session.
G.N. Awasthi, a senior advocate and a constitutional expert said that Chief Justice was well in his right when had raised this question. “The government has passed a bill bringing changes in the lokayukta Act. Thus, selection of new incumbent through a three member committee could be challenged,” he said.
Awasthi said that last meeting was held in September and Government should have taken a legal opinion on this issue and would had acted accordingly.
The UP Assembly had passed the Uttar Pradesh lokayukta and Up-lokayukta (Amendment) Bill, 2015, to amend lokayukta Act, dropping the Allahabad High Court Chief Justice from the selection committee. The Bill proposed that the selection committee be made a four-member body comprising the chief minister, leader of Opposition, Speaker and a retired judge who would be selected in consultation by the chief minister and the Speaker.
Awasthi said that one option could be to withdraw the amendment and stick to old selection process. “Government will now have to take a call on this as time is running out,” he said
Senior BSP leader Swamy Prasad Maurya refused to take question but said: “If I am asked to attend a meeting I will do that.”
Earlier state government had insisted on appointment of Justice Ravinder Singh as next lokayukta but Governor had returned State Government’s recommendations four times. Governor had claimed that Government’s recommendation of Justice (Retd) Ravindra Singh was full of fallacies as “there was no proper consultation between Chief Justice of High Court, leader of Opposition and Chief Minister which is mandatory under sub-section (1) of section 3 of the Uttar Pradesh lokayukta Act,”
Samajwadi Party government had earlier argued that name approved by State cabinet was “binding on the Governor.”
Governor had quoted letters of Chief Justice highlighting Justice Singh and his family’s close relations with the ruling Samajwadi party.
The apex court on July 23 last had directed the UP government to complete the appointment of the lokayukta within 4 weeks time by joint consultation between the state government, leader of the opposition in the assembly and the Chief Justice of the Allahabad High Court.
Meanwhile, Chairman Media committee UPCC Satyadeo Tripathi has welcomed the Court decision saying this order will pave the way for early appointment of lokayukta