At a time when the state is debating the delay in appointing the Leaders of the Opposition (LoPs) in the State Legislature, crucial appointments are set to be made without their participation, even though their involvement is mandated.
On Friday, the state government constituted a committee for the selection of the new Lokayukta and members of the institution under the Maharashtra Lokayukta Act, 2023. The seven-member committee, headed by the Chief Minister, comprises the Deputy Chief Minister, the Chairman of the State Legislative Council, the Speaker of the State Legislative Assembly, the Leader of the Opposition in the State Council, the Leader of the Opposition in the State Assembly, and the Chief Justice of the Bombay High Court or a judge nominated by him.
A government resolution (GR) states that any vacancy in the selection panel will not invalidate the appointment of the Lokayukta or its members. Additionally, the panel will determine a transparent procedure for selecting the Lokayukta and members. Both provisions are clearly mentioned under Sections 4(2) and 4(3) of the Maharashtra Lokayukta Act, 2023, the GR notes.
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The clarification makes it clear that even in the absence of the Leaders of the Opposition in both Houses of the State Legislature, the selection panel can proceed with the appointment of the Lokayukta and its members.
The state has amended its 1971 legislation to bring it in line with the centrally enacted Lokpal and Lokayuktas Act, 2013. After the State Legislature passed the new Act, it was further amended to incorporate provisions regarding the selection process for the Lokayukta and four members — two judicial and two non-judicial.
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