VINCENT Vs. SHAJAN AND ORS.

JUDGEMENT

(1.) Ext. P-3 order passed by the 5th respondent/Lok Ayukta, authorising and directing the District Police Chief, Palakkad, to conduct a 'preliminary investigation' in respect of the allegations in Ext. P-1 complaint, is under challenge in this writ petition preferred by the petitioner, who is arrayed as the 3rd respondent in the complaint.

(2.) The main ground of challenge is that, Ext. P-3 order is beyond the power, competence and jurisdiction of the 5th respondent as far as 'preliminary enquiry' is covered and that there is clear violation of statutory prescription, particularly under Section 9(3) of the Kerala Lok Ayuktha Act, 1999, in so far as no copy of the complaint was forwarded to the petitioner before ordering the 'preliminary investigation' and no opportunity of hearing was given to submit any explanation. There is also a case that the proceedings are per se wrong and unsustainable, in so far as 'State' is not a party to the proceedings and that there is infringement of Section 9(8) of the Act as well.

(3.) Coming to the factual scenario, the petitioner is a Member of the Legislative Assembly from the Ollur Constituency in Trissur District. It is stated that, the petitioner is leading a transparent public life for nearly four decades and is holding various posts in the party and other supporting organisations, functioning without giving any room for complaints of corruption or such other instances in any manner. It is as a bolt from the blue, that Ext. P-3 order has come in, without giving any opportunity to put forth his version and to have caused Ext. P-l complaint to be dismissed at the threshold, having been preferred without any truth or bona fides.