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The Hindu
The Hindu
National
Special Correspondent

Governor seeks govt. view on Lok Ayukta ordinance

Governor Arif Mohammed Khan has solicited the government's view on the Congress-led United Democratic Front (UDF) Opposition's allegation that the proposed Kerala Loka Ayukta amendment Ordinance aspired to relegate the ombudsman to a minor advisory role in cases relating to charges of corruption and maladministration against public officials.

The Raj Bhavan had reportedly sent the relevant communication to the Chief Minister's Office for comments. Officials privy to the matter described it as a routine administrative procedure.

Nevertheless, the development was of some political import as the proposed executive order had emerged as the latest battleground between the government and the Opposition ahead of the upcoming budget session of the Assembly.

A UDF delegation had met Mr. Khan on Thursday. It alleged that the government had attempted to dilute the Kerala Lok Ayukta Act, 1999, to shield Chief Minister Pinarayi Vijayan and Higher Education Minister R. Bindu from a possible declaration of guilt in separate cases of corruption and nepotism currently under the ombudsman's scrutiny.

Such a declaration under Section 14 of the Act would be binding on the competent authority, the Governor in the case of the Chief Minister, to eject the erring official from public office. Section 14 ruling also pointedly lacks an appeal provision.

Left Democratic Front (LDF) Independent legislator K. T. Jaleel had felt the brunt of the law when he had to quit the previous Pinarayi Vijayan government following an adverse ruling under Section 14 from the Lok Ayukta.

The CPI(M) had argued that the "harsh" provision potentially opened the door for the Centre to meddle in the State's affairs. Moreover, it felt the section could unsettle an elected government based on an ombudsman's ruling on an individual's complaint.

The UDF seemed emboldened by the perceived rumblings of discontent in the LDF against the "hasty CPI(M) push" to amend the Act via an "impetuous" executive order "without consultations" in the ruling alliance. CPI State secretary Kanam Rajendran had suggested that a Bill in the House was more in order than an amendment Ordinance.

Leader of the Opposition V. D. Satheesan sought to put the ruling front on the defence by appealing against the executive order to CPI(M) general secretary Sitaram Yechury. In an open letter to Mr. Yechury, Mr. Satheesan said the Kerala CPI(M)'s move to render the ombudsman legally impotent ran against the grain of the party's abiding support for potent Lok Pal and Lok Ayukta laws.

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