Govt shamed again
The controversy over the appointment of Upa Lokayukta came back to haunt the BJP government as the Chief Minister D.V. Sadananda Gowda had not consulted the Chief Justice on appointing Justice Chandrashekaraiah to the post. The stand taken by the State and Justice Chandrashekaraiah, while defending the appointment as legal and just, was that ‘in consultation with CJ’ was not binding on the Chief Minister as he was the final authority before advising the governor on such appointment.
The high court, which struck down the appointment of Justice Chandrashekaraiah, said the phrase ‘in consultation with’, which is mandatory for the CM to seek the recommendation of the CJ before making any advise to governor, has to be understood as “a meeting of minds and not merely seeking a panel of names”. The court held that the CJ would have better knowledge, especially when a former judge of a high court or Supreme Court is being appointed to such posts. “He would have the benefit of looking into records of such persons, who have served the judiciary.
An outsider (Constitutional functionaries including CM) would not have such information. It is why the name has to emanate from CJ, and the others who are to be consulted can accept or reject it with reasons,” the court observed. Reacting to the judgment, Justice Chandrashekaraiah said: “I had not applied for the post and nor had I lobbied with the government. The State government appointed me as Upa Lokayukta and now the High Court has set aside the appointment. The High Court order is binding on all parties and it is not proper to comment on the verdict.’’
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