KOCHI: The Kerala High Court on Wednesday stayed for six weeks the order of the Kerala Lok Ayukta directing the state police to conduct a preliminary probe into the alleged bribe involved in the CPI’s decision to field Bennet Abraham as LDF independent candidate from Thiruvananthapuram Lok Sabha constituency.
Justice A Muhammed Mustaque passed the interim order while considering a petition filed by CPI state secretary Panniyan Raveendran seeking to quash the order of the Kerala Lok Ayukta. The Lokayukta’s order was based on a complaint filed by A Shamnath, against CPI state secretary Pannyan Raveendran, CPI national executive member C Divakaran and CPI state executive member R Ramachandran Nair. The complainant alleged that the selection of Bennet Abraham as candidate was a result of corruption and maladministration.
Counsel for the petitioner Ranjith Thampan submitted that the Kerala Lok Ayukta Act 1999 does not empower the Lok Ayukta to inquire into the inner party affairs of a political parties. If the orders are allowed to sustain it would result in interference with the independent functioning of a political party by the Lok Ayukta, which would affect the democratic values and the independence of the political party. The complainant has no locus standi to file a complaint before the Lok Ayukta as he is not a member of the party. Under Section 7 of the Act, the jurisdiction of the Lok Ayukta is to investigate any action, taken by the public servants involving grievance or allegation against the public servants. The party leaders will not come under the purview of public servant under section 2 (C) of the Prevention of Corruption Act, the petitioner stated.
