Lokayukta can probe Maharashtra CM with 2/3rd legislative vote, says draft bill

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.

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.