Plea Against MP Lokayukt Appointment : Supreme Court Mulls Framing Guidelines For Effective Consultation Among Selection Panel Members

The Supreme Court on Friday (March 22) issued notice to the State of Madhya Pradesh on a writ petition filed by Madhya Pradesh's opposition leader Umang Singhar challenging the appointment of the State's Lokayukta.

While doing so, the Court observed that it was crucial to have in place certain guidelines for the consultation process in the appointment of the Lokayukta.  

As per the Madhya Pradesh Lokayukt evam Up-Lopayukt Adhiniyam 1981, Governor shall appoint the Lokayukt in consultation with the Chief Justice of the High Court and the Leader of Opposition.

Senior Advocate Kapil Sibal, appearing for the petitioner, told a bench comprising Chief Justice of India DY Chandrachud, Justices JB Pardiwala and Manoj Misra, that the Leader of the Opposition was not involved in the consultation process by the State Governor. It was submitted that after the Governor and the Chief Justice finalised one out of three names, the said name was forwarded to the Opposition Leader. Hence, even before the petitioner's views were taken, the name was finalised and the name was forwarded to him as an empty formality.

Taking note of this, the CJI highlighted that parameters were required to be put in place. 

"This has in a sense a country-wide impact. Because, what should be the procedure followed by the states for appointing a Lokayukta when there is a provision in the statutes that the leader of the opposition should be a member... some procedural modalities have to be fixed. In the sense that you must give that person the opportunity to be in a position to discuss names. It cannot be that the previous day he is told that you give consent to this guy," CJI said.

Solicitor General (SG) Mr Tushar Mehta appearing for the State of MP submitted that initially only one name was put before the Chief Justice of MP High Court for approval. However, the Chief Justice asked the governor to propose three suitable nominations instead of a single name to be considered. From the three names which were subsequently suggested, the Chief Justice hadn't approved the initial single proposed name but preferred another. The selected name was then tabled before the leader of the opposition. 

" The fact that is not brought on record is that we consulted the Hon'ble Chief Justice, the Chief Justice selected the name ....thereafter the entire file is sent to the leader of the Opposition which is not mentioned. Thereafter the Hon'ble Chief Minister calls him telephonically and there is a discussion for 15 minutes which is not mentioned.....kindly record my statement and verify" 

However, Mr Sibal reverted that no file was sent to the opposition leader.  

" No no that is not correct. No file was sent, My Lords we have put it on record" 

The bench agreed to issue notice on the matter, observing the following in the order dictated : 

"Bearing in mind the country-wide ramifications, it would be appropriate to lay down parameters for conducting an effective consultation in such cases. Issue notice" 

The state of MP is asked to file its response in 2 weeks. the matter will now be heard on a miscellaneous post the Holi recess. 

S. 3 of the M.P. Lokayukt Evam Up-Lokayukt Adhiniyam, 1981 prescribes the procedure laid down for appointment of the State Lokayukta as follows : 

3. Appointment of Lokayukt and Up-Lokayukt. - (1) For the purpose of conducting investigations in accordance with the provisions of this Act, the Governor shall, by warrant under his hand and seal, appoint a person to be known as the Lokayukt and one or more persons to be known as Up-Lokayukt:
Provided that,-
(a) The Lokayukt shall be appointed after consultation with [the Chief Justice of the Madhya Pradesh High Court and] the Leader of the Opposition in the Legislative Assembly, or if there be no such leader, a person selected in this behalf by the members of the opposition in that House in such manner as the Speaker may direct;

[(b) Up-Lokayukt shall be appointed after consultation with the Lokayukt, or where a sitting Judge of a High Court is to be appointed, the Chief Justice of that High Court in which he is working, shall also be consulted.]

Case Details: UMANG SINGHAR vs. STATE OF MADHYA PRADESH  W.P.(C) No. 000179 - / 2024  

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