Supreme Court Dismisses PIL Seeking To Bring UP CM Under Purview Of UP Lokayukta Act

Supreme Court of India on Monday refused to entertain a petition seeking to bring the office of Chief Minister in the purview of Lokayukta Act of the State of Uttar Pradesh. The matter was listed before a bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala. 

At the outset, CJI DY Chandrachud enquired the petitioner on who was the court supposed to direct to amend the law or bring in new law on the matter. When the counsel for petitioner, Advocate Shiv Kumar Tripathi submitted that the state legislature was to be directed, CJI stated – 

"Mandamus cannot be issued to legislature to enact law."

The petition was accordingly dismissed. Advocate Sharan Dev Singh Thakur, AAG for the State of UP had appeared for the State of UP in the matter.

The petition had argued that the existing status of the Uttar Pradesh Lokayukta Act 1975 did not meet the Institute of Lokayukta powerful enough to serve the purpose and object for which it was enacted. Stating that the Lokayukta was not competent to proceed against the Chief Minister for any corrupt action in which he had been found guilty of favouritism, nepotism or lack of integrity, the petition sought to bring the Chief Minister under the purview of the act for proceedings against him for his corruption. The petition also argued that the Lokayukta was not effective enough in matters of investigation against the corrupt public servants as well. It stated that the state of Uttar Pradesh had to depend on police authorities which were under the control of the state government and there was no authority and independence with the Lokayukta of the state of UP in carrying out investigation. 

"The institution of Lokayukta has not been given any power to proceed against any person for its contempt. The institution of Lokayukta should be deemed to be a court of justice and as such should be in trusted with the power for its contempt under the contempt of Court act, 1971," says the petition. 

Case Title: Shiv Kumar Tripathi v. State of UP WP(C) No. 110/2019

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