Karnataka: Lokayukta in limbo as House debates issue

BENGALURU: Lokayukta Justice Y. Bhaskar Rao, who is neither returning to work nor stepping down, will face major embarrassment as the state government is all set to initiate his removal process soon. Once the motion for removal is initiated, the Lokayukta is precluded from discharging his duties.

The Karnataka Lokayukta (Amendment) Act, 2015, states, “The Lokayukta or Upalokayukta, as the case may be, against whom a motion is moved before the House or the Houses of the State Legislature for his removal, is precluded from discharge of his duties during the pendency of motion for his removal before the House or the Houses of the State Legislature.”

As the state government will initiate the motion for removal in the ongoing legislative session, Justice Rao will not be able to take any decision or act against any complaint, even if he returns to work.

Justice Rao, who had gone on leave in July after his son Ashwin Yerabati was arrested by the Special Investigation Team (SIT) in connection with the extortion case, has so far extended his leave four times. In October, he had extended his leave for 45 days, till December 5.

He is said to be having close to 100 more days of leave. The head of the anti-corruption agency going on leave has affected the functioning of the agency with hundreds of important files waiting for his approval.

With Justice Rao going on long leave and no appointment of another Upalokayukta, which is vacant following the retirement of Justice S B Majage on July 17, the number of pending files and complaints are reportedly increasing.

It is also said that Justice Rao is likely to extend his leave again, which will be having no effect,  as he will be left with no powers to discharge his duty once the motion for his removal is set.

The procedure

• A notice of motion for removal of Lokayukta or an Upalokayukta may be given in writing to the Speaker of the Legislative Assembly or the Chairman of the Legislative Council duly signed by not less than one-third of the total membership of those Houses. Soon after the receipt of notice, the Speaker or Chairman, after satisfying himself as to the prima facie case regarding misbehaviour of the Lokayukta or Upalokayukta, either admit the motion or refuse to admit the same.
• If the notice of a motion referred is admitted, the Speaker or the Chairman shall keep the motion pending and refer the matter to the Chief Justice of the High Court of Karnataka for an investigation.
• Investigation should be completed and a report should be submitted within 90 days
• If the report contains a finding that the Lokayukta or Upalokayukta is guilty of any misbehaviour or suffers from any incapacity, then the motion referred to will taken up for consideration by the House or the Houses of the State Legislature in which the motion is pending.
• If the motion referred is adopted by each House of State Legislature, then the misbehaviour or incapacity of Lokayukta or Upalokayukta, shall be deemed to have been proved and an address will be made to Governor for the removal of Lokayukta
• Once the Governor gives assent, the Lokayukta or Upalokayukta shall be deemed to have been removed from office.

One-third support needed

As per the amendment, the process of removal of the Lokayukta can be initiated if one-third of the legislators in either house sign a motion and present it to the heads of Legislative Assembly or Legislative Council. As per the Karnataka Lokayukta Act 1984, the motion for removal of a Lokayukta could be initiated only with the support of two-third of the legislators. However, the support of two-third of legislators is mandatory for Lokayukta or Upalokayukta’s removal, after a probe by the Chief Justice of the Karnataka High Court.

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