Lokayukta Y. Bhaskar Rao is now “precluded” from discharging his duties during the pendency of motion for his removal before the State legislature.
As per the recent amendments to the Karnataka Lokayukta Act, “the Lokayukta or Upalokayukta, against whom a motion is moved before the House or Houses of the State legislature for his removal, is precluded from discharging his duties during the pendency of motion.”
The future of the motion depends on the outcome of an investigation to be conducted by the Chief Justice of the High Court of Karnataka or a judge to be appointed by him. The Act states that the investigation has to be completed within 90 days from the date of reference of the reasons for the Lokayukta’s removal, by the legislature to the Chief Justice of the High Court.
If the probe finds the Lokayukta “not guilty of any misbehaviour or does not suffer from any incapacity,” then the motion moved for his removal finds automatic end without further proceedings in the legislature.
But if the investigation finds him “guilty of any misbehaviour or suffers from incapacity,” then the future of the Lokayukta depends on a debate in the legislature and the outcome of voting on the debate — as two-thirds of the members present in the House will have to vote in favour of his removal for adopting the motion.
If the motion is adopted, it will be forwarded to the Governor, who has to grant assent for the removal. The Lokayukta will be removed from office once the Governor grants assent.
