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This is an archive article published on February 11, 2012

No illegality in recommending my name to Guv

As per Lokayukta Act,all the required persons were consulted ,says Chandrashekaraiah.

Asserting that there was no illegality in recommending his name to the Governor by the chief minister,Karnataka Upa Lokayukta Chandrashekaraiah on Saturday said it had been done after consulting the persons “required to be consulted” under the Lokayukta Act.

“There are no illegalities or irregularities in the procedure of recommending my name to the Governor by the Chief Minister (D V Sadananda Gowda),” Chandrashekaraiah said a day after Karnataka High Court Chief Justice Vikramjit Sen wrote to Gowda,objecting to his appointment as a Upa Lokayukta by violating the Lokayukta Act.

Justice Sen had said Chandrashekaraiah was appointed without consulting him as required under law,and as per section 3(2)(A) of the Karnataka Lokayukta Act,1984,he should have been consulted.

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Under the Act,government must consult a panel comprising the presiding officers of both Houses of the Legislature,Opposition leaders of the two Houses and the Chief Justice.

“It has been done after consulting the persons required to be consulted under the Lokayukta Act,” Chandrashekaraiah said.

Chandrashekaraiah was appointed the second Upa Lokayukta on January 21 while the government and Governor H R Bhardwaj were engaged in a tussle over the appointment of Lokayukta.

Former Kerala Chief Justice S R Bannurmath,a few days ago,withdrew from the race of Lokayukta but not before lambasting the Governor,saying he rejected his name due to alleged political considerations.

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The second Upa Lokayukta’s post had been vacant since October following the resignation of Justice R Gururajan who cited family and health reasons for his exit.

Chandrashekaraiah said,“Once I assumed office,removal is similar to impeachment of a high court judge or a Supreme Court judge as provided by section 6 of the Lokayukta Act.”

He said for the purpose of removal,probe should be held under the Judge’s Enquiry Act on the allegations of misbehaviour or incapacity and if proven,the report will be submitted to government.

This will be placed before both the Houses and a resolution passed by two-third majority accepting the findings of the inquiry,after which it will be sent to the Governor seeking removal,he added.

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