The High Court of Karnataka on Monday upheld the process adopted by the State government to appoint B.S. Patil, former judge of the High Court, as Upalokayukta.
A Division Bench comprising Justice Ravi Malimath and Justice M.I. Arun passed the order while dismissing a PIL petition filed by Samaja Parivathana Samudaya, a non-government organisation.
The Bench rejected the petitioner’s contention that there was no consultation let alone effective consultation amongst the constitutional authorities in selection of Mr. Patil to the post as per Section 3(2)(b) of the Karnataka Lokayukta Act as there was “no consultation” with the Chief Justice of the High Court.
The Bench noted that Chief Minister B.S. Yeddiyurappa had in November 2019 written to Chief Justice Abhay Shreeniwas Oka of the Karnataka High Court that the name of Mr. Patil was recommended by chairman of Legislative Council, Speaker of Legislative Assembly, Leader of the Opposition in Legislative Council, and the Leader of the Opposition in Legislative Assembly.
Though the Chief Justice replied to the Chief Minister stating that there was no material placed before him to change his earlier recommendation of A.N. Venugopala Gowda, another former judge of the High Court, to the post, the Bench said there was “effective consultation” amongst all constitutional authorities.
The Chief Justice was not kept in the dark on the recommendation of Mr. Patil to the post made by the other constitutional authorities even though the Chief Justice did not concur with their recommendation and the consultation was “effective” in terms of the law laid down by the apex court, the Bench said while accepting the contention of the State government.
