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Oppn submits note to Speaker seeking removal of Lokayukta

Accuses Congress of trying to bail out head of anti-graft watchdog
Last Updated 03 July 2015, 20:13 IST

The Opposition BJP and JD(S) on Friday mounted pressure on the Siddaramaiah government to remove Justice Y Bhaskar Rao from the post of Lokayukta, by submitting a memorandum to Speaker Kagodu Thimmappa.

Serious charges against Justice Rao and his son have dealt a blow to the democratic setup, they said. “The Lokayukta has failed to take any precautionary measure to prevent corruption. It is not proper on his part to direct the government to set up a special investigation team to probe the charges. It is unbecoming of the Lokayukta. He has to be removed,” the memorandum, signed by 57 MLAs, including leader of the Opposition, Jagadish Shettar, stated.

According to the Karnataka Lokayukta Act, 1984, the Lokayukta can be removed by the State Legislature. Signatures of at least 50 members are required for initiating a motion in this regard. Among those who have signed the memorandum are disgruntled Congress MLA, A S Patil (Nadahalli), and some Independent MLAs. The Opposition parties in the Legislative Council have already submitted a memorandum to Chairman D H Shankaramurthy.

Later speaking to reporters, Speaker Kagodu said an appropriate decision would be taken on the memorandum at the Business Advisory Committee meeting scheduled for Monday at the Suvarna Soudha.

Former law and parliamentary affairs minister and BJP MLA, S Suresh Kumar, has said the memorandums seeking the removal of Justice Rao were before the presiding officers of both the Houses. This issue will not come before the Houses for discussion.

As per the Parliamentary Affairs Department, Kumar said, “The chairs of both the Houses will have to arrive at a conclusion whether the memorandum should be referred to the Chief Justice of Karnataka to ascertain if the complaints against the Lokayukta are valid. For that, the chief justice will have to form a committee of two judges and a jurist. If the committee finds merit in the complaints, then the Opposition will be able to move a resolution seeking the removal of the Lokayukta.”

Asked how it was possible to move the resolution when the Opposition did not have two-thirds majority in the combined Houses, Kumar said, “We should see whether the resolution could be moved in the Council because the memorandum was first submitted in that House. It needs to be legally examined.”

Unlike in Lok Sabha, in the Assembly there is no room for impeaching a Lokayukta. So, the provisions under the Lokayukta Act have to be invoked to move the resolution, he added. JD (S) leader H D Kumaraswamy said it was a fact that the Opposition did not have the requisite numbers to take the issue to its logical end. However, there could be some in the Congress who may support the resolution.

“Anyhow, we are not looking at the numbers to score a point. The ruling Congress is doing everything possible to bail out the Lokayukta. We are doing what we should be doing politically and embarrassing the ruling party for all the misdeeds. I very much doubt Justice Rao will resign,” the former chief minister said. Shettar said Bhaskar Rao should have voluntarily resigned soon after learning about the charges. The BJP will continue its protest till he steps down. The party has already consulted the legal experts and the Speaker in this regard, he added.

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(Published 03 July 2015, 20:13 IST)

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