JUSTICE CHANDRASHEKARAIAH Vs. JANEKERE C. KRISHNA

JUDGEMENT

(1.) Leave granted.

(2.) The sentinel issue that has come up for consideration in these appeals is whether the views expressed by the Chief Justice of the High Court of Karnataka has got primacy while making appointment to the post of Lokayukta or Upa Lokayukta by the Governor of Karnataka in exercise of powers conferred on him under Section 3(2)(a) and (b) of the Karnataka Lokayukta Act, 1984 (for short 'the Act').

(3.) The Division Bench of the Karnataka High Court took the view that under the Act the opinion expressed by the Chief Justice of the High Court of Karnataka has primacy while tendering advice by the Chief Minister of the State to the Governor. The Court held since, the order passed by the Governor of Karnataka, appointing Justice Chandrashekaraiah as Upa Lokayukta on 21.1.2012, was without consulting the Chief Justice of the High Court, the same was illegal. The High Court also issued various directions including the direction to the State and the Principal Secretary to the Governor to take steps for filling up the post of Upa Lokayukta in accordance with the directions contained in the judgment. Aggrieved by the Judgment of the High Court, these appeals have been preferred by Justice Chandrashekaraiah and the State of Karnataka.