Opposition seeks motion for Lokayukta’s removal

July 03, 2015 12:00 am | Updated 08:29 am IST - BELAGAVI:

Karnataka: Bengaluru:02/07/2015:  Advocates being stoped by Police when they try to enter residence of Lokayukta  demanding for the resignation of  justice Y Bhaskar Rao  on 02, July 2015.  Photo: V Sreenivasa Murthy

Karnataka: Bengaluru:02/07/2015: Advocates being stoped by Police when they try to enter residence of Lokayukta demanding for the resignation of justice Y Bhaskar Rao on 02, July 2015. Photo: V Sreenivasa Murthy

Stepping up pressure on Lokayukta Y. Bhaskar Rao to resign, and on the government to hand over the case to the Central Bureau of Investigation (CBI), Opposition parties in both Houses are set to move a motion to initiate the process for his removal from office.

While the Bharatiya Janata Party and the Janata Dal (Secular) on Thursday submitted a petition signed by 33 MLCs to the Legislative Council Chairman D.H. Shankaramurthy seeking a motion for the removal of Mr. Bhaskar Rao, the two parties are set to move a motion either on Friday or Monday with “at least 60 signatories” to the Speaker of the Legislative Assembly. On Thursday, they were in the process of collecting signatures.

Similar procedure

They are seeking the motion under Section 6 of the Karnataka Lokayukta Act, 1984, which allows for setting in motion the process for removal of a Lokayukta or Upalokayukta for “proved misbehaviour or incapacity”. The procedures for the removal of a Lokayukta are similar to that of impeachment of a High Court judge.

As per the procedure, a motion can be accepted by the Speaker if it has the backing of 50 MLAs or 25 MLCs. Following this, the Speaker will set up a three-member committee of two judges — one Supreme Court and the other High Court — and a jurist to probe the allegations. If the committee finds that there is “proof of misbehavior or incapacity”, then a motion for removal is put to vote. This has to be passed by both Houses with a two-thirds majority, following which the matter will go to the Governor for action.

An Opposition leader said that while the procedure for removal is long-drawn, the immediate purpose is to “force the government to agree to the demand for a CBI probe and build pressure on Mr. Bhaskar Rao to step down”.

Earlier in the day in the Legislative Council, Opposition Leader K.S. Eshwarappa sought to move an adjournment motion. There was an exchange between the Opposition and the Congress members when Mr. Eshwarappa sought to know why the government was not moving an “impeachment” motion against Mr. Bhaskar Rao. The Chief Minister countered this saying there were no direct allegations against him and “impeachment was not possible under law”.

The Chief Minister said the SIT probe is on and the government was awaiting the findings.

Puts pressure on government to hand over case to CBI

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