A petition has been moved in the Kerala High Court challenging the Constitutional validity of the recent Ordinance for amending the Lok Ayukta Act.
The petitioner, R.S. Sasikumar of Thiruvananthapuram, submitted that the State government went for the Ordinance at a time when he had moved the Lok Ayukta alleging nepotism, favouritism and abuse of power by the Chief Minister and the members of the State Cabinet.
The complaints were that the decisions on disbursing of the Chief Minister's Distress Relief Fund were taken on political considerations. The complaints were in the final stage of hearing, he submitted.
If the plea is accepted under Section 14 of the Lok Ayukta Act, according to the petitioner, it will have far-reaching ramifications for the people in administration, he submitted. (Under Section 14 of the Act, a public servant will have to vacate office if directed by Lok Ayukta)
Petitioner’s contention
The petitioner submitted that he had reasons to believe that the progress of the case was one of the reasons which had resulted in the government bringing out the amendment to Kerala Lok Ayukta Act and that too after a gap of 22 years of the enactment. The amendment was moved by contending that the Section 14 of the Act was unconstitutional, he said.
Mr. Sasikumar contended that the self-serving statement of the men in power was not the yardstick in declaring a provision in an enactment, as unconstitutional.
He further submitted that the assent given by the Governor to the Ordinance without the instructions from the President was in violation of the Constitutional mandate, as the introduction of the bill required the sanction of the President for the introduction in the legislature.
The assent granted by the Governor without reserving it for the consideration of the President was invalid and opposed to the Constitutional scheme, he submitted.
