LAWS(KAR)-2012-4-21

JANEKERE C KRISHNA Vs. STATE OF KARNATAKA

Decided On April 03, 2012
Janekere C Krishna Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) These two writ petitions are filed by two advocates challenging the appointment of Mr. Justice Chandrashekaraiah (Retired) as Upa-Lokayukta under Section 3(2)(b) of the Karnataka Lokayukta Act, 1984. They are taken up for consideration together and disposed of by this common order. For the purpose of convenience, the parties are referred to as they are arrayed to in Writ Petition Nos. 4852-53/2012.

(2.) One Sri. Janekere C. Krishna, an Advocate is the petitioner in W.P.No. 4852-53/2012, whereas Sri. Ananda Murthy R., an Advocate, is the petitioner in W.P.No. 4962/2012. They have pleaded that both of them are practicing advocates and public-spirited citizens. Their case is that the third respondent was appointed as Upa Lokayukta without any consultation with the Hon'ble Chief Justice, much less giving any primacy to his opinion. It is widely reported that the Hon'ble Chief Justice of Karnataka has, in a communication to Respondent No. 2, recorded his disapproval and displeasure with Respondent No. 2's i.e., Chief Minister advising His Excellency, the Governor of Karnataka to appoint Respondent No. 3 as Upa-Lokayukta without consultation with the Hon'ble Chief Justice of Karnataka. The copy of one such report that appeared in the Bangalore Mirror on 9.2.2012 is produced at Annexure-A.

(3.) It is further contended that, the State of Karnataka does not want an effective, independent, impartial Lok Ayukta or Upa-Lok Ayukta as is evidenced by: