SC issues notice to UP for not appointing Lokayukta

The Supreme Court today issued notice to Uttar Pradesh government asking why contempt proceedings should not be initiated against it for non- compliance of its order to appoint a new Lokayukta in the state.
A bench comprising justices Ranjan Gogoi and N V Ramana sought response from the state on a fresh contempt petition alleging that despite apex court's orders to find a suitable replacement of current Lukayukta, no appointment has been made so far.
On April 24, last year, the court had upheld the constitutional validity of amendment in UP Lokayukta Act for fixing eight-year tenure for the anti-corruption ombudsman.

It had also directed the state government to take steps for selecting new incumbent of Lokayukta Justice (retd) N K Mehrotra within six months.
The apex court, in July this year, had taken note of a contempt petition alleging non-compliance of its on April 24, 2014 order and directed the state to do the needful within 30 days.
The fresh contempt plea, filed by Sachidanand Gupta, alleged disobedience by the state government.

Advocate Kamini Jaiswal, appearing for Gupta, said that the state administration needed to be issued the contempt notice for its brazen defiance of the orders.
Earlier, Justice Mehrotra was appointed as Lokayukta on March 16, 2006 for six years and later, the government granted him a two-year extension by amending the Act under which the tenure was extended to eight years or till a successor took over.

The fresh plea has said, "The State Government has
violated the essential condition of rule of law by neither apprising this court of the correct facts and also not approaching this court to apprise it of the true facts even after the Chief Justice of Allahabad High Court had expressed that the name of Justice (Retd.) Virendra Singh/Respondent No.3 had been dropped by the Chief Minister himself.
"The so called 'communication gap' between the Chief Justice of Allahabad High Court and the Chief Minister about which there is no mention before this court during the hearing on 16.12.2015 is destructive of the fundamental conditions upon which the Constitution of India rests - i.E. Rule of law, truth and constitutional morality.

"The tenure of UP Lokayukta is at least 8 years and once the High Court Chief Justice has apprised Principal secretary to the Governor and the state's Chief Secretary that the name of Justice Singh was "not even in fray and was not in consideration", it was obligatory on authorities to "approach this court and apprise this court regarding the same; rather than to advise the Governor of UP to issue a formal order of appointment of Justice Singh as Lokayukta," it said.
Earlier, the apex court had examined a list of nominees and ordered the appointment of Justice Singh as Lokayukta.

"The failure of constitutional functionaries to comply with the orders of the highest court of the land is deeply regretted and astonishing...We, therefore, proceed to exercise our right under Article 142 of the Constitution to remedy the situation by passing an appropriate order," it had said.
Prior to that the apex court had on Decemebr 14 rapped the UP government for not appointing Lokayukta in the state despite its directions and asked it to make the appointment by December 16.