Gupta has contended that as per Delhi Lokayukta and UpLokayukta Act, 1995, the appointment procedure provides that the leader of the opposition has to be consulted.
He has alleged that Delhi government's affidavit, claiming that it has initiated the process of consultation by submitting its suggestion for filling up the post of Lokayukta to the Delhi High Court Chief Justice, was "false and misleading" as "no consultation process" has been initiated with him.
Apart from seeking to intervene in the petition, he has also prayed for directions to Delhi government to withdraw its affidavit, to comply with statutory provisions and to start consultation with him.
In his application filed through advocate Sushil Kumar Pandey, Gupta has also alleged that the process that Delhi government has stated to have begun was "nothing but a delaying tactic".
Delhi government had on July 24 filed an affidavit in the court stating that it has initiated the process to appoint Lokayukta, a post which has remained vacant since November 2013.
"It is, therefore, most respectfully submitted that the process of appointment of Lokayukta has been initiated and is in process. The present petition may be kindly dismissed as infructuous," it had added.
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