SAMAJ PARIVARTHANA SAMUDAYA Vs. GOVERNMENT OF KARNATAKA

JUDGEMENT

(1.) The petitioner claims to be a Society registered under the provisions of the Karnataka Societies Registration Act, 1960. That it is engaged in the activities for the betterment of the Society in general and for protection of natural resources etc.

(2.) That the office of the Upa-Lokayukta of State of Karnataka fell vacant on 1-3-2018 on the retirement of Hon'ble Shri Justice Subhash B.Adi, Former Judge, High Court of Karnataka. Consequently, the then Chief Minister of Karnataka initiated steps for filling up that vacancy. The letter dated 24-7-2018 vide Annexure-A was addressed by the Hon'ble Chief Minister to the Hon'ble Chief Justice of the High Court of Karnataka, requesting him to suggest the name of an eligible person, along with details, for being considered for the appointment to the post of the Karnataka Upa-Lokayukta. In pursuance whereof, the then Chief Justice of Karnataka, addressed a letter dated 14-9-2018, vide Annexure-B, to the Hon'ble Chief Minister, recommending the name of Hon'ble Shri Justice A.N.Venugopala Gowda, Former Judge, High Court of Karnataka, who retired on 15-6-2017, as the suitable person to be appointed as the Karnataka Upa-Lokayukta. The Curriculum Vitae, of Hon'ble Shri Justice A.N.Venugopala Gowda, was also enclosed. In view of Hon'ble Shri Justice Abhay Shreeniwas Oka, taking oath as the Chief Justice of Karnataka, on 10-5-2019, a letter was addressed by the Chief Minister dated 20-6-2019 vide Annexure-C, requesting the Hon'ble Chief Justice, to suggest the name of an eligible person, along with details, for appointment to the post of the Karnataka Upa- Lokayukta. The same was replied by the Hon'ble Chief Justice by his letter dated 22-6-2019 vide Annexure-D, to the Hon'ble Chief Minister. It was stated therein that the Hon'ble Chief Justice reiterates the name of Justice Sri A.N.Venugopala Gowda, namely the recommendation made by his predecessor. Thereafter, a letter was written by the Hon'ble Chief Minister on 12-11-2019, vide Annexure-E, to the Hon'ble Chief Justice of Karnataka. It was indicated therein that the four Constitutional Authorities namely, the Chairman of the Karnataka Legislative Council, the Speaker of the Karnataka Legislative Assembly, the Leader of opposition of the Karnataka Legislative Council and the Leader of the Opposition of the Karnataka Legislative Assembly have recommended Hon'ble Sri Bhimanagouda Sanganagouda Patil, to be appointed as the Upa-Lokayukta in the existing vacancy. That the recommendation of the Hon'ble Chief Justice, recommending the name of Hon'ble Shri Justice Venugopala Gowda has been brought to the notice of the above four authorities. Therefore, the said facts were placed for consideration before the Hon'ble Chief Justice. The same was reacted by the Hon'ble Chief Justice by his letter dated 14-11-2019 vide Annexure-F. While acknowledging the letter dated 12-11-2019, it was stated that the Hon'ble Chief Justice is unable to concur with the recommendation made known to him through the aforesaid letter. Since there is no sufficient material placed before him by the State Government that warrants change of the recommendation earlier made by him and his learned predecessor, he maintains the recommendation. Thereafter, a Notification was issued by the State vide Annexure-G, dated 20-11-2019 appointing Justice Shri Bhimanagouda Sanganagouda Patil, as the Upa-Lokayukta of Karnataka by His Excellency, the Governor of Karnataka in exercise of the powers conferred under Section 3(1) of the Karnataka Lokayukta Act, 1984. Questioning the same, the instant writ petition is filed seeking for a declaration that respondent No.4 has no authority to hold and continue to hold the public office of the Karnataka Upa-Lokayutka; to quash the order dated 20-11-2019 vide Annexure-G, passed by the Governor of Karnataka appointing respondent No.4 as the Karnataka Upa-Lokayukta and other incidental reliefs.

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