RAMA CHANDRA NAYAK Vs. STATE OF ORISSA

JUDGEMENT

(1.) This petition made under Articles 226 and 227 of the Constitution of India is by way of public interest litigation. The petitioner who claims to be the Editor of a daily newspaper 'Bartamana Samachar' seeks to assail the validity of notification dated 25-11-1996 (Annexure-4) of the Government of Orissa in the department of Public Grievances and Pension Administration appointing Justice K. P. Mohapatra (retired) opposite party No. 4 as Lokpal, Orissa.

(2.) Shri Misra, learned counsel for the petitioner, has made a two-pronged salvo to the appointment of Lokpal which are as follows :

(3.) Shri G. Rath, learned Senior counsel appearing for opposite party No. 4, submitted that in our constitutional set-up, the Governor has to act on the aid and advice of the Council of Ministers and, as such, the Chief Minister rightly initiated the process and after obtaining orders from the Governor, the imupgned notification was made. Regarding consultation with the consultants, i.e., the Chief Justice and the Leader of Opposition, he submitted that there was due compliance of the provision of law. Shri J.M. Mohanty, learned counsel appearing for the opposite party No. 3 who at the relevant time the Leader of Opposition supported the case of the petitioner.