Within days of the Governor appointing a five-member Lokayukta, the Madurai bench of the Madras High Court on Friday stayed the appointment of two non-judicial members.
Chennai:
Regarding retired bureaucrat Rajaram, the bench said, “A perusal of Article 319 of the Constitution would reveal that serving members of the State Public Service Commission cannot be appointed to any other post except to the Union Public Service Commission or any other State Public Service Commission, and not in any other employment.”
Therefore, the bench added, it appeared prima facie that the appointment of Rajaram, who is a serving member of Tamil Nadu Public Service Commission, was not in accordance with the provisions of law. “Hence his appointment is liable to be stayed,” the bench said.
Similarly, citing Clause (4) (f) of Section 3 that makes it clear that a person should not have any connection with any political party or carry on any business or practice any profession in order to become a Lokayukta member, the bench said: “As far as advocate K Arumugam is concerned, he is stated to be the secretary of AIADMK’s Advocates Wing, Coimbatore district.
Therefore, prima facie it appears that he is not qualified to be appointed as a member of Lokayukta and consequently his appointment is liable to be stayed.”
The bench also observed that there should not be any violation or allegation against the persons to be appointed as members of very important forum like Lokayukta.
“It is made clear that by this order that this court stays only the appointment of two non-judicial members and therefore there is no prohibition for the Lokayukta to start functioning with chairman and other members.”
The bench posted the matter to April 22 for further hearing after issuing notice to the State in this regard.
Retired High Court judge P Devadass was appointed as the chairperson of the five-member Lokayukta, while former district judges K Jayabalan and R Krishnamoorthy were appointed as judicial members.
A division bench comprising Justice N Kirubakaran and Justice SS Sundar stayed the appointment of retired IAS officer M Rajaram and advocate K Arumugam, following a plea that both were not qualified as per the Tamil Nadu Lokayukta Act.
Regarding retired bureaucrat Rajaram, the bench said, “A perusal of Article 319 of the Constitution would reveal that serving members of the State Public Service Commission cannot be appointed to any other post except to the Union Public Service Commission or any other State Public Service Commission, and not in any other employment.”
Therefore, the bench added, it appeared prima facie that the appointment of Rajaram, who is a serving member of Tamil Nadu Public Service Commission, was not in accordance with the provisions of law. “Hence his appointment is liable to be stayed,” the bench said.
Similarly, citing Clause (4) (f) of Section 3 that makes it clear that a person should not have any connection with any political party or carry on any business or practice any profession in order to become a Lokayukta member, the bench said: “As far as advocate K Arumugam is concerned, he is stated to be the secretary of AIADMK’s Advocates Wing, Coimbatore district.
Therefore, prima facie it appears that he is not qualified to be appointed as a member of Lokayukta and consequently his appointment is liable to be stayed.”
The bench also observed that there should not be any violation or allegation against the persons to be appointed as members of very important forum like Lokayukta.
“It is made clear that by this order that this court stays only the appointment of two non-judicial members and therefore there is no prohibition for the Lokayukta to start functioning with chairman and other members.”
The bench posted the matter to April 22 for further hearing after issuing notice to the State in this regard.
Retired High Court judge P Devadass was appointed as the chairperson of the five-member Lokayukta, while former district judges K Jayabalan and R Krishnamoorthy were appointed as judicial members.