Lokayukta can probe Maharashtra CM with 2/3rd legislative vote, says draft bill
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Any present or former chief minister of Maharashtra can be investigated by the Lokayukta only if the motion for the same is passed by the Legislative Assembly by a two-thirds majority, according to the draft bill of the Maharashtra Lokayukta Act, 2022.
Deputy Chief Minister Devendra Fadnavis had on December 18 announced that the state government will be bringing a bill to empower Lokayukta based on the report of the committee led by social worker Anna Hazare. The bill was scheduled to be presented in the Legislative Assembly on Friday. It will now be presented next week as the House was adjourned on Friday morning after paying tributes to deceased sitting MLA Mukta Tilak.
As per the draft, the approval of the governor and the views of the group of ministers appointed by the governor is required to conduct an inquiry into present or former ministers. Similarly, the approval of the Council chairperson or Assembly speaker is required to probe the legislative member. The Lokayukta will require approval from the minister concerned to probe even the municipal corporator or sarpanch. The draft has even brought IAS officials under the scope of the probe but Lokayukta will require the approval of the chief minister and the views of the chief secretary to initiate the probe.
The selection committee for the chairperson and members of Lokayukta comprises the chief minister, deputy chief minister, chairman of the Legislative Council and speaker of Legislative Assembly, leaders of Opposition of both Houses, the chief justice of Bombay High Court or judge of the high court.
The Lokayukta will comprise five members. The chairperson will be the chief justice of the high court or judge of the Supreme Court or judge of the high court. Of the other four, two shall be judicial members. The Lokayukta members shall not hold any other office of profit or trust. The full bench of Lokayukta consists of no less than three members, including the chairperson.
As per the draft, the investigation by the Lokayukta will be completed within six months, however, the identity of the complainant and of the “public servant affected by the investigation shall not be disclosed to the public or the press whether before or during the investigation”.
The draft has given the Lokayukta powers to search and seize documents useful for the investigation. It shall have all the powers of a civil court, under the Code of Civil Procedure, 1908, while summoning individuals, production of documents, receiving evidence on affidavits, requisitioning any public record etc.
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A preliminary inquiry shall ordinarily be completed within 90 days and if there is no prima facie case according to its report, the matter will be closed by informing both parties. If there exists a prima facie case to proceed, the Lokayukta bench may direct the investigation by any state agency of the state government. The draft also makes the provision for the Lokayukta bench to take action against the complainant in case of closure of proceedings. The Lokayukta may impose a penalty of Rs 2 lakh and or imprisonment of up to one year in case of a false, frivolous or vexatious complaint under this Act.
The Lokpal and Lokayuktas Act, 2013, provides for the establishment to inquire into allegations of corruption against certain public functionaries and other related matters. The Maharashtra Lokayukta and Upa-Lokayukta Act, 1971, is presently in force in the state. While it empowers Lokayukta and Upa-Lokayukta to investigate complaints of grievance and allegations against public servants, it has limited powers to take action on complaints. “Under the present Act, Lokayukta can only recommend the action. But with the new Act, Lokayukta is empowered to direct the state agencies to conduct an investigation,” said an official.
Alok Deshpande is a Special Correspondent with The Indian Express' Mumbai bureau, recognized for his focused and authoritative reporting on governance, politics, and the socio-economic dynamics of Maharashtra's hinterlands. His unique academic background in Geology and early work in the water sector provides a specialized layer of Expertise to his reporting on resource and environmental issues.
Expertise
Current Role: Special Correspondent, The Indian Express, Mumbai.
Core Authority: Alok provides detailed coverage of Maharashtra politics and governance, with a particular emphasis on how policies and power struggles affect the rural and semi-urban areas (the 'hinterlands').
Key Coverage Areas: His reports frequently focus on high-stakes administrative and political topics, including:
State Assembly Proceedings: In-depth reporting on the Legislative Assembly, covering ministerial statements, legislative debates, and inter-party conflict within the ruling Mahayuti alliance.
Policy & Finance: Coverage of state finances, including supplementary budget demands, fiscal deficits, and major government schemes (e.g., Jal Jeevan Mission, Ladki Bahin Yojana).
Rural and Social Issues: Reports on critical health issues (e.g., child deaths in districts), human-animal conflict (leopard attacks, stray dogs), and agrarian concerns (e.g., farmer suicides).
Local and Urban Governance: Covers major announcements regarding urban development (e.g., BMC's OC amnesty scheme, pagdi system push) and local body elections, including political defections and alliance splits.
Unique Credentials & Trustworthiness
Academic Specialization: Holds a Post-graduate degree in Geology. This background gives him a foundational understanding of natural resources, which directly informs his reporting on environment, water, and infrastructure projects.
Early Professional Experience: His shift to journalism came after working with an NGO focused on the water sector. This practical experience strengthens his Expertise in critical areas like water management and rural development, as evidenced by his reporting on the Jal Jeevan Mission.
Journalism Training: An alumnus of the prestigious Asian College of Journalism (ACJ), Chennai, confirming his formal training and commitment to rigorous journalistic standards.
Alok Deshpande's rare combination of scientific education, non-profit sector experience, and deep political reporting makes him a highly trusted and authoritative voice on the governance and ground realities of Maharashtra.
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