BENGALURU: In a setback to the Karnataka Legislative Assembly, the Karnataka High Court on Wednesday asked it not to take precipitative action with regard to the breach of privilege motion initiated against the Registrar of Karnataka Lokayukta.
Justice AS Bopanna passed an interim order to this effect after hearing the petition filed by the Lokayukta and the Registrar against the breach of privilege motion initiated against the Registrar.
The court also issued a notice to the speaker of Karnataka Legislative Assembly, chairman of the Committee on Papers Laid on the Table, principal secretary of Department of Personnel and Administrative Reforms and secretary (in-charge) of Karnataka Legislative Assembly, who were made as respondents in the case.
The petitioners — Lokayukta and Registrar have challenged the notice dated December 26, 2017, issued by the secretary of Karnataka Legislative Assembly based on the approval of the speaker, calling upon the Registrar to offer an explanation with regard to the privilege motion initiated against him.
The provocation for the notice is that the Lokayukta registrar, an in-service judicial officer in the cadre of district and sessions judge, did not appear before the Legislative Assembly Committee on Papers Laid on the Table, headed by MLA S R Mahesh, to place the annual performance report of the institution and the audited report regarding utilisation of state’s grants over the last six years, despite several notices issued.
The petitioners have contended that under Section 12(6) of the Karnataka Lokayukta Act, the Lokayukta has to submit an annual report to the governor, and not to the House Committee. The governor may seek clarifications, if any, from the Lokayukta and place them before both Houses of the legislature under Section 12(7) of the Act.
Referring to the said provisions as grounds for the petitioner, the Lokayukta and the Registrar contended that the notice issued to the Registrar is without authority of law and calling upon Registrar to submit explanation would amount to impeding the independence and autonomy of the Lokayukta institution.