Kochi: On a petition that challenged the recent amendment to Section 14 of the Lokayukta Act, the Kerala High Court issued notice to the State government on Thursday, Bar and Bench reported.
The High Court division bench of Chief Justice S Manikumar and Justice Shaji P Chaly admitted the petition on the issue. It issued an interim order that further decisions taken by the Lokayukta after the passage of the new ordinance during the interregnum regarding the matter will be subject to the end result of the petition filed in the High Court.
A social worker, Sasikumar, filed the petition. He told the court that his complaint filed under Section 9 of the Lokayukta Act is now at the final stage of the hearing, and he had demanded declaration under Section 14 of the Act. But the State government amended Section 14 through a January 19 ordinance. The governor had asserted the same on February 7.
The petitioner argued that Section 14 of the Act mandated that a finding returned by the Lokayukta or Upa Lokayukta against a public servant is required to vacate his office. But the recent amendment has made the executive the appellate authority over the orders passed by the Lokayukta, the petitioner said.
Therefore, the Governor, Chief Minister or the State government could become the competent authority who could accept or reject the Lokayukta orders, he said. The ordinance had stolen the Judiciary's authority, and it contradicts Article 50, separation of powers, of the Indian Constitution. Further, the governor giving assent to the ordinance without the President's instructions also violates the constitutional mandates.
The state made a law despite the fact that the occupancy of a Union government's law (Lokpal Act) makes the state's law inconsistent and thus void as per Article 254(2), he said.