TaxTMI 
TaxTMI 
2013 (1) TMI 748
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.... decision of this Court in the case of Mr. Justice Chandrashekaraiah (Retd.) v. Janekere C. Krishna & Ors. dated 11.01.2013 in Civil Appeal Nos.197-199 of 2013 @ SLP (C) Nos.15658-15660 of 2012 which related to appointment of Upa-Lokayukta under Section 3 of the Karnataka Lokayukta Act, 1984. In the said judgment, the judgment under review reported as State of Gujarat v. Hon'ble Mr. Justice R.A. Mehta (Retd.) - 2013 (1) SCALE 7 was also noted and the clear distinction as between Section 3 of the Karnataka Lokayukta Act and Section 3(1) of Gujarat Lokayukta Act, 1986 was spelt out. 3. By referring to the above later decision in the forefront, the sum and substance of the grounds raised for review herein is three-fold, namely, 1) there is d....
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....n who has held the office of a Judge of the Supreme Court or that of the Chief Justice of a High Court and shall be appointed on the advice tendered by the Chief Minister in consultation with the Chief Justice of the High Court of Karnataka, the Chairman, Karnataka Legislative Council, the Speaker, Karnataka Legislative Assembly, the Leader of the Opposition in the Karnataka Legislative Council and the Leader of the Opposition in the Karnataka Legislative Assembly. (b) A person to be appointed as an Upa-Lokayukta shall be a person who has held the office of the Judge of a High Court and shall be appointed on the advice tendered by the Chief Minister in consultation with the Chief Justice of the High Court of Karnataka, the Chairman, ....
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....er in consultation with those five dignitaries." 8. As far as the Gujarat Lokayukta Act is concerned, the proviso to Section 3(1) of the Gujarat Lokayukta Act is relevant which is to the following effect: "3(1) For the purpose of conducting investigations in accordance with provisions of this Act, the Governor shall, by warrant under his hand and seal, appoint a person to be known as the Lokayukta. Provided that the Lokayukta shall be appointed after consultation with the Chief Justice of the High Court and except where such appointment is to be made at a time when the Legislative Assembly of the State of Gujarat has been dissolved or a Proclamation under Articles 356 of the Constitution is in operation in the State of Gujarat, after con....
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....tention according to the terms in which it has been expressed." 11. The later judgment has also considered similar such provisions contained in Andhra Pradesh Lokayukta Act, 1983, Assam Lokayukta and Upalokayukta Act 1985, Bihar Lokayukta Act 1973, Chhattisgarh Lok Aayog Adhyadesh, 2002, Delhi Lokayukta and Upa-Lokayukta Act 1995, Gujarat Lokayukta Act 1986, Jharkhand Lokayukta Act, 2001, Haryana Lokayukta Act, 2002 and Kerala Lokayukta Act, 1999 and held that each State has adopted different eligibility criteria, method of selection, consultative procedures etc., in the matter of appointment of Lokayuktas and Upa- Lokayuktas in their respective States. 12. Apart from referring to the similar provisions relating to appointment of Lokayukt....
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.... the decision which came up to this Court in Justice K.P. Mohapatra v. Sri Ram Chandra Nayak and Ors. - (2002) 8 SCC 1 has held as under in paragraph 57: "57. The High Court, in the instant case has, placed considerable reliance on the Judgment of this Court in K.P. Mohapatra (supra) and took the view that consultation with the Chief Justice is mandatory and his opinion will have primacy. Above Judgment has been rendered in the context of the appointment of Orissa Lokpal under Section 3 of the Orissa Lokpal and Lokayuktas Act. The proviso to Section 3(1) of the Act says that the Lokpal shall be appointed on the advice of the Chief Justice of the High Court of Orissa and the Leader of the Opposition, if there is any. Consultation with the C....