In yet another setback to the BJP government, the Karnataka High Court on Tuesday quashed the apppointment of former judge K Chandrashekaraiah as the Upa Lokayukta, holding that the selection procedure was “not in conformity with law”.
A division bench, headed by Justice N. Kumar, set aside the January 21, 2012 notification issued by the government appointing Justice Chandrashekariah as the Upa Lokayukta. The bench, comprising Justices N. Kumar and H.S. Kempanna, found that the selection procedure adopted by Chief Minister D.V. Sadananda Gowda “is not in conformity with law and hence the appointment is illegal, unconstitutional and void”.
They laid down guidelines for the appointment of Lokayukta and Upa Lokayukta till the state government chooses to frame legislation. The court said that the Chief Justice should have the prerogative of giving the names of persons being appointed as the Lokayukta and Upa Lokayukta with criteria being judges of the high court or Chief Justices from another high court or the judges of the Supreme Court.