Controversy over appointment of new Lokayukt in MP

Deciphering the Lokayukt controversy

NK SINGH

Governments are notoriously slow. Take for example MP’s long haul search for Lokayukt, the ombudsman against corruption in higher echelons of governance. After a two year long gruelling search, Madhya Pradesh Government has finally discovered a worthy successor to Justice PP Naolekar. The Government found Naolekar so indispensible that it changed law to give him an extension after completion of his six year term. A special cabinet meeting amended MP Lokayukt and Deputy Lokayukt Act to allow the incumbent to continue in office till Government finds a replacement or for a period of one year. The Government failed to find a successor to the great man for more than two years.

Governments can also be amazingly swift. Take for example last week’s appointment of a new Lokayukt. Once the MP Government selected Justice NK Gupta, it moved at breakneck speed. The head hunting and appointment materialised in 13 days flat! The collegium of Chief Minister, Leader of Opposition and Chief Justice of High Court did not meet formally to decide the appointment. The matter was deemed so urgent that the Government sought approval through “circulation method”. It did not even wait for a node from the cabinet, as mandated under official business rules. The chronology speaks for itself:

• 19 Sept: Leader of Opposition Ajay Singh writes a letter to Chief Minister Shivraj Singh Chouhan, asking him to fill up the long-pending vacancy of Lokayukt.

• Sept 21 – 28: Chouhan consults Chief Justice of High Court; Act provides for Lokayukt’s appointment “after consultation” with Chief Justice and Leader of Opposition.

• Oct 3: Chief Justice suggests the name of NK Gupta, a retired judge of MP High Court, as the new Lokayukt.

• Oct 6: Chouhan forwards CJ’s recommendation to Singh.

• Oct 10: Singh sees Chouhan’s letter and approves it.

• Oct 16: MP Government issues late night orders for Justice Gupta’s appointment without a formal meeting of collegium or putting up the matter in front of the State Cabinet.

• Oct 18: Justice Gupta takes oath.

The appointment immediately sparked off a political controversy as Deputy Lokayukt UC Maheshwari, also a former judge of MP High Court, is six years senior to the new Lokayukt. Under the act, the deputy has to work under “the administrative control” of the Lokayukt. Maheshwari, who has now to report to his junior, chose to keep away from the swearing in ceremony of the new Lokayukt, making his displeasure public.

Normally, the post of Lokayukt is held by retired judges of Supreme Court or Chief Justice of High Court. In fact judicial grapevine has it that many former Supreme Court judges were aspiring for the post. Ironically, Maheshwari too was appointed in haste. He was serving as a judge in MP High Court when he was appointed as Deputy Lokayukt. He resigned from the post a day before his appointment.

Ajay Singh came under attack from his Congress colleagues for approving a single name and not insisting on a panel of names for vetting, as is the norm. He pleads that he was kept in dark by the Government on the seniority issue. “I don’t have access to the gradation list,” he said. He cleared Gupta’s name, he says, because it came from the Chief Justice. However, after the controversy, Singh sent a note of protest to Chouhan and also skipped the new Lokayukt’s swearing in.

The Government says it had followed law and appointed the Lokayukt in consultation with Chief Justice and Leader of Opposition. Reasoned an officer in CM secretariat: “We did not send Justice Gupta’s name to the high court. It was the Chief Justice who sent that one single name. The selection was approved by the Leader of the Opposition. We issued orders for appointment. Where are we wrong?”

Activist Ajay Dubey, who had approached high court for filling up Lokayukt’s vacancy, argues that the appointment was made without “effective consultation among collegium members” as no panels were constituted. It is a stand that finds resonance among most Congress leaders. “I am worried because there is a systematic attempt to undermine the institution of Lokayukt,” said leading advocate and Congress leader Vivek Tankha, a member of Rajya Sabha. Congress MLA Bala Bachchan claimed that when he was acting as Leader of Opposition till February this year the Government had approached him several times with single name for Lokayukt, but he refused, insisting on a panel for vetting.

It is easy to haul MP Government over coal for appointment of a junior judge as State’s Lokayukt. It is also easy to accuse Ajay Singh of collusion with the Government because he did not insist on a panel. But no one is talking about the fact that this bizarre appointment could materialise only because the MP high court selected a single name instead of creating a panel. It also bypassed the seniority issue while doing so. Should not one look into this aspect to decipher the mystery?

Powers That Be, my column in DB Post of 23 Oct 17

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