NGO goes to Karnataka High Court over impeachment moved against Upa Lokayukta

BENGALURU: Janadhikara Sangharsha Parishath, a non-government organisation, moved the Karnataka High Court against the Karnataka Lokayukta which had rejected its complaint against 78 MLAs. These MLAs had moved an impeachment motion against Upa Lokayukta Justice Subhash B Adi.  

Adarsh R Iyer and B K Prakash Babu, co-presidents of Janadhikara Sangharsha Parishath, filed the petition. The respondents in this case were Lokayukta, Registrar, Chairman of Legal Cell of Karnataka Lokayukta and Secretary and Karnataka Legislative Assembly.

According to the petition, they had filed the complaint dated June 20, 2016 before the Lokayukta against 78 MLAs under Section 17(2) of Karnataka Lokayukta Act, for intentional insult and bringing disrepute to Upa Lokayukta Justice Subhash B Adi. Acting on the complaint, the Lokayukta passed the order dated August 24, 2017 stating that the complaint was held to be not maintainable with the reason that only the aggrieved person can file this complaint. As per this order, Upa Lokayukta Justice Adi is the only person who is aggrieved and who is eligible to file this complaint. 

The petitioners contended that the impeachment motion by the 78 MLAs was not merely an attack on the Upa Lokayukta as an individual but a malicious attempt to undermine the entire institution of the Lokayukta and deprive aggrieved citizens of the state of Karnataka from seeking remedy for their grievances against corrupt public officials.

A sitting judge of the Karnataka High Court has exonerated the charges levelled against the Upa Lokayukta after a detailed enquiry. The malicious attempt to impeach the Upa Lokayukta crosses the line of propriety and undermines the independence of the institution, they claimed. They further contended that the public servants rendering service and discharging their duties admirably without fear and favour must be protected from scurrilous attacks on their reputation and vexatious attempts to remove them from office with ulterior motives.   After hearing the matter for sometime, a division bench of Justices H G Ramesh and B M Shyam Prasad observed that law provides powers to MLAs to move motion but there is no provision for further proceedings if they are unsuccessful. The further hearing was adjourned to Monday.