Omission of non-political members in Lokayukta selection panel challenged

The division bench comprising Justices S Manikumar and Subramonium Prasad, before whom the plea moved by S Yoganathan, a lawyer, came up for hearing on Monday posted the case to April 29 for further hearing.

Noting that in contrast to the Central Act, which includes the Supreme Court Chief Justice and an eminent jurist as members in the selection committee to ensure fine balance in the selection of the Lokpal and its members, the petitioner said the Tamil Nadu Act has not only omitted non-political persons as members of the selection committee, but has also deliberately omitted giving any role to the High Court Chief Justice, thereby effectively diluting the very selection process for the appointment of State Lokayukta.

Yoganathan pointed out that while the provision of the Lokpal and Lokayuktas Act (2013) mandates that not less than 50 per cent of the members of the search committee shall be from amongst the persons belonging to the SCs, STs, other BCs, minorities and women, the absence of a similar provision in the State Act is inconsistent with the Central Act.

It is pertinent to note that a few states like AP, Goa and Himachal Pradesh have enacted Lokayukta Act incorporating relevant provisions providing for consultation with the Chief Justice of the territorial HC for selecting its members, he added.The petitioner also submitted that while public servants appointed against permanent posts and positions are being dealt with under the Prevention of Corruption Act (1988), the public servants who wield power due to political changes escape scot-free except in rarest of rare cases.

“In order to put an end to such escapades, the Lokpal and Lokayuktas are sought to be put in place. While so, the composition of the selection committee comprising of only political persons such as the CM, the Assembly Speaker and the Leader of the Opposition or leader of the single largest party in the Assembly is outrageously illegal,” Yoganathan said. Earlier, Advocate General Vijay Narayan appearing for the State argued that the move to include the CM in the panel is a legislative policy.