MP: Process For Appointment Of Lokayukta Yet To Begin

MP: Process For Appointment Of Lokayukta Yet To Begin

The tenure of NK Gupta has ended on October 17 last year; if someone is not appointed, he can continue in office for one year

NITENDRA SHARMAUpdated: Friday, February 02, 2024, 10:36 PM IST
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Bhopal (Madhya Pradesh): Fifty days have passed since the government was formed in the state, but the process for formation of Lokayukta has yet to start.

The tenure of present Lokayukta NK Gupta ended on October 17, 2023. In case a new Lokayukta is not appointed, Gupta can remain on the post for one year.

According to the section 5 of the Lokayukta Act, 1981, a Lokayukta may remain on the post, despite the end of his tenure till his successor is appointed, but it should continue only for one year.

The government should have appointed a Lokayukta before the Model Code of Conduct came into force. But because the tenure of the present Lokayukta ended when the MCC was in vogue, his successor could not be appointed. This is the reason why Gupta is still holding the office.

Nevertheless, had the government wished, it could have handed over the charge to the deputy Lokayukta.

The Governor appoints Lokayukta on the basis of recommendations of the selection committee.

The Chief Minister, the Chief Justice of the High Court and the Leader of Opposition give recommendations for the appointment of Lokayukta.

The present Lokayukta has been holding the post for the past three and a half months after his tenure ended. But the government has not made any process for the appointment to this important position.

A retired justice of the Supreme Court or a retired judge of the High Court is appointed as Lokayukta. Against this backdrop, the selection committee may take time to search for such a person.

According to constitutional experts, the provisions for keeping the Lokayukta on the post for one year even after the completion of his tenure have been made for giving time to find a suitable person for the post.

The constitutional experts believe that there is no compulsion that the Lokayukta should remain on the post for one year. Once the new incumbent is appointed, his tenure will automatically end.

According to social activist Ajay Dubey, the Lokayukta acts against corruption.

Therefore, if the Lokayukta stays on the position even after completion of his tenure; in case the new incumbent does not take over the office, his work may be influenced, Dubey said.

The government should immediately find a suitable person for the post, he said.

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