An NGO on Wednesday filed a petition in the Supreme Court questioning the entire selection process for appointment of chairperson and members of the Lokpal and sought its stay.
The NGO ‘Common Cause’ had filed the plea through advocate Prashant Bhushan and sought to declare illegal the Search Committee (Constitution, Terms and Conditions of appointment of members and the manner of selection of Panel of names for appointment of Chairperson and Members of Lokpal) Rules, 2014, framed under the Lokpal and Lokayuktas Act, 2014.
The Public Interest Litigation (PIL) sought a declaration that certain provisions of the rules are ultra vires of the Lokpal and Lokayuktas Act and also sought quashing of the entire selection process initiated under the rules alleging that it is illegal, arbitrary and violative of Article 14 of the Constitution.
It said the government is going ahead with the selection process despite serious flaws in the rules under which selections are being made.
“Justice K T Thomas and Fali Nariman, who were offered the post of the chairman and member of the Search Committee, respectively, have already declined to accept the offers on these very grounds,” the petition said.
It also said Rule 10 (1) provides that the Search Committee shall prepare a panel of persons to be considered by the Selection Committee for appointment of chairperson and members of the Lokpal, from among the list of persons provided by the Central Government, “directly runs counter to the very object of having an independent Lokpal and the provisions of the said Act”.