High Court raps Government for stalling Lokayukta appointment

It calls State ‘recalcitrant’, threatens to make recommendation to Governor

Calling the government “recalcitrant”, the Karnataka High Court on Monday said it may have to “recommend” to the Governor that “there is a failure of constitutional framework in the State” owing to non-appointment of the Lokayukta.

A Division Bench comprising Chief Justice Vikramajit Sen and Justice Aravind Kumar made these observations while hearing a public interest litigation (PIL) petition seeking a direction to the government to appoint a Lokayukta.

During the hearing, the Bench asked the government counsel the latest position on the issue. The counsel said the government had sought legal opinion on an earlier direction of a Division Bench of the High Court regarding the process to be followed during appointment. The State has also questioned the directions in the Supreme Court, he said.

The Bench observed, “What is the issue pending before the Supreme Court? As far as we know, it is about the appointment of Upalokayukta. The issue involved is the primacy of Chief Justice in recommending the name. Does that mean you [State and Chief Minister] should not initiate consultation for the appointment of Lokayukta and ignore the Karnataka Lokayukta Act?”

“Can you say you need not appoint Lokayukta at all? Then that would be most mala fide . If you continue to be recalcitrant, then we can recommend to the Governor saying that there is breakdown of the constitutional framework in the State. If you want it, you get it. Please convey this to the government,” the Bench said asking the government to respond by July 23.

Earlier, arguing his case personally, 36-year-old petitioner H.S. Neelakantappa, a resident of K-Hosur, Tarikere taluk in Chickmagalur district, complained that the government was deliberately not making appointments to important positions like the Lokayukta, which has been vacant for the last 10 months.

The petitioner also alleged that the government and the Chief Minister are “intentionally delaying” the appointment of Lokayukta “in order to support vested interests at the cost of the public interest at large”.