Express News Service
Bengaluru: In a rebuff to Chief Minister Siddaramaiah, Governor Vajubhai Vala rejected the state government’s recommendation to appoint Justice SR Nayak as the new Lokayukta. Justice Nayak is currently chairman of the Karnataka Law Commission.
This has come as one more blow for the anti-corruption agency that has remained headless since December 2015 after Justice Y Bhaskar Rao quit the post. The Governor is said to have cited a slew of reasons for his decision to reject Justice Nayak’s name, in a letter that has not been made public.
The Governor is said to have drawn the attention of the government to a Supreme Court verdict that had quashed the appointment of former judge K Chandrashekaraiah as the Upa Lokayukta in January 2013, while explaining the reasons for rejecting Nayak’s name.
According to sources, the Governor said records available indicated that there was no meaningful and effective consultation or discussion of the names suggested among the members of the consultative committee before recommending the name of Justice Nayak for Lokayukta post.
Apart from Siddaramaiah, who heads it, the consultative committee has Chief Justice of Karnataka High Court S K Mukherjee, chairman of the Legislative Council DH Shankaramurthy, Speaker of the Assembly Kagodu Thimmappa, Leader of the Opposition in Legislative Council KS Eshwarappa and his Assembly counterpart Jagadish Shettar as its members.
REASONS FOR REBUFF
CM Refuses to Comment
Chief Minister Siddaramaiah refused to comment on the Governor’s move to return the file on recommending Justice Nayak’s name for the Lokayukta. Speaking to reporters in Kolar, he said, “I am yet to look into the file returned by the Governor.”
Vala-Siddaramaiah collision goes on
This is not the first time Governor Vala and Chief Minister Siddaramaiah have hit the collision course. Earlier, the Governor had rejected the recommendation of VR Sudarshan, a Congress leader, for the post of chairman of KPSC.
While Justice Mukherjee, Shankaramurthy, Shettar and Eshwarappa had suggested the name of retired Supreme Court judge Vikramjit Sen to head the anti-corruption agency, Siddaramaiah and Kagodu Thimmappa had proposed Justice Nayak.
The committee had to meet a second time after the Governor returned the file recommending Justice Nayak’s name in March this year seeking clarifications on the choice. Siddaramaiah, however, stood firm on his choice.
SC Ruling Referred: The SC had in its 2013 judgement stated that the members of the consultative committee should discuss and express their views on the name, or names, suggested by the Chief Minister or any other member of the committee. The Chief Minister is free to recommend a name only after due deliberations and meaningful consultation.
The Governor, in his letter, is said to have expressed the view that meaningful discussion did not happen while finalising the name of Justice Nayak.
Guv Cites Allegations: Governor is said to have also cited the allegations against Justice Nayak of violating the Co-operative Society by-laws before purchasing a site in Judicial Layout. Questions have also been raised on whether he can be appointed as Lokayukta when he has held the post of chairman of the Karnataka State Human Rights Commission.
Legal experts argue that according to the Human Rights Act, 1993, a person once appointed as chairman of the Human Rights Commission, cannot be considered for any employment by the Centre or the State.
