It is fourth time Governor Ram Naik has returned State Government’s recommendations for appointment of Justice (Retd) Ravindra Singh as next lokayukta and has sent the file back with a suggestion that Government should look for new man after “proper consultation”.
In his 17-page letter to Chief Minister Akhilesh Yadav Governor said that Government’s recommendation of Justice (Retd) Ravindra Singh was full of fallacies. “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,” Governor said in his letter which was released to the media on Tuesday evening.
Samajwadi Party government which is adamant on appointing Justice (Retd) Ravindra Singh as new lokayukta had said the state cabinet had approved the name of Justice Singh and the suggestion was “binding on the Governor.” Governor argues that the decision of the state cabinet meeting was not a binding on the governor and the appointment process of lokayukta is bound by certain laws and the state cabinet has no role to play in it.
Governor even suggested that the three should hold consultation afresh on names other than Justice Retd. Ravindra Singh as new lokayukta for the state.
It is the first time Governor has suggested State Government not to appoint Justice Ravindra Singh as next lokayukta. He quoted letters of Chief Justice High Court D Y Chandrachud written to Chief Minister highlighting Justice Singh and his family’s close relations with the ruling Samajwadi party.
Quoting Chief Justice’s letter of April 17 to Chief Minister Governor said that prior to his appointment as Judge in High Court Justice Singh was Advocate General of UP during Mulayam Singh Yadav’s time. “His brother Akhilesh Singh is Government advocate while his two sons Shivam Yadav (who is practicing in High Court) and Raman Yadav (in Supreme Court) are on the panels of state government …” Naik said in his letter.
Governor again quoted Chief Justice’s letters of July 1 and August 6 to show political affiliation of Justice Singh where he was seen sharing dais with senior Samajwadi party leader Shivpal Singh Yadav . “A person who in the public perception is closely aligned to the ruling political party in the state would not be able to discharge his duties independently and objectively …,” Governor further said.
Naik also referred to the communication between him and leader of Opposition (lOP) Swamy Prasad Maurya through a letter of August 20 where he claimed CM, lOP and Chief Justice never sat together for consultation of new lokayukta. “Decision of cabinet on lokayukta was never brought to my knowledge and I dod not know any meeting between CM and CJI,” Naik said quoting Maurya.
On July 22, the Supreme Court had given four weeks time to the UP government to appoint the new lokayukta in the state even as the Akhilesh Yadav government has sought three months time for it.
The appointment of lokayukta was delayed in UP for almost a year and a half. The Supreme Court in its order of April 24, 2014 had directed the state government to select new incumbents to the anti-corruption ombudsman offices in six-months.
Mehrotra was appointed lokayukta for a tenure of six years on March 16, 2006 and later his tenure was extended by two years.