CMDRF Misappropriation Case: Plea Before Kerala HC Challenges Lok Ayukta & Upa Lok Ayukta's Rejection Of Complaints Alleging Misuse Of Funds

Initially, in 2018 a complaint was filed by Sasikumar alleging abuse of power by the Ministers and for taking decisions based on nepotism and political considerations. The complaint challenged a series of decisions taken by the Council of Ministers in expending the assets of the State by giving financial aid to the families of the deceased political leader Uzhavoor Vijayan and a deceased police officer, and also by writing off the debts of the deceased political leader KK Ramachandran and giving the son of the deceased leader a government job.

It was alleged that the Ministers had failed to dispense their constitutional obligations and their decisions were a result of corruption, abuse of power and breach of public trust.

The plea challenges the decision taken by the Lok Ayukta in rejecting the complaint even though they found that some of the decisions were taken arbitrarily. It was also alleged that the respondents lacked integrity in discharging their duties as public servants. The plea questions the finding of the Lok Ayukta that there was no evidence of corruption, favouritism, nepotism or lack of integrity.

The plea also states that the Lok Ayukta failed to consider the averments in the complaint filed by Sasikumar which was not refuted by any of the Ministers.

Further, the plea also challenges the decisions taken by the Upa Lok Ayuktas which stated that the complaint was not maintainable and that the Lok Ayukta does not have the jurisdiction to examine the correctness of the decisions taken by the Council of Ministers. The plea alleges that such a decision was taken by the Upa Lok Ayuktas due to their proximity with an illegal beneficiary of the decision taken by the Ministers.

Additionally, Sasikumar has also challenged the orders issued by Upa Lok Ayuktas and their failure to recuse themselves from the case even after allegations of personal bias.

The plea thus seeks to quash the orders issued by the Lok Ayukta and Upa Lok Ayukta for being illegal and arbitrary.

The matter will be heard by a Division Bench comprising Chief Justice A J Desai and Justice V G Arun on January 8, 2024.

The petition is moved by Senior Advocate George Poonthottam, Advocates Nisha George, A L Navaneeth Krishnan

Case title: R.S. Sasikumar v State of Kerala

Case number: WP(C) 497/2024