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This is an archive article published on November 3, 2007

SC stays privilege notice against Lokayukta

The Supreme Court has stayed a breach of privilege notice issued by Madhya Pradesh Assembly Speaker against state...

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The Supreme Court has stayed a breach of privilege notice issued by Madhya Pradesh Assembly Speaker against state Lokayukta, Justice R S Dayal (Retd).

On a petition filed by Dayal, where he challenged the Speaker’s action as illegal and unconstitutional, a Bench comprising Chief Justice K G Balakrishnan and Justice R V Raveendran stayed the privilege notice.

The petitioner contended that the investigation into irregularities committed by the Vidhan Sabha officials had nothing to do with proceedings of the House, and since the officials of a legislative Assembly are not members of the House, they cannot claim privilege or immunity from application of law. He further submitted since the authority to take action has been conferred upon the Lokayukta by the Legislative Assembly itself, an action taken under the provisions of the Lokayukta Act cannot constitute a breach of privilege.

The Lokayukta initiated action against officials on a complaint alleging that the Capital Project Administration (Building Control Division) under the administrative control of Assembly secretariat carried out certain construction work in the new Assembly building in gross violation of rules and without making budgetary provisions.

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