Chennai: The Madras high court has stayed the appointment of two non-judicial members of the five-member Tamil Nadu Lok Ayukta. A division bench comprising Justices N. Kirubakaran and S.S. Sundar stayed the operation of the G.O in so far as it relates to the appointment of M. Rajaram, a retired IAS officer and advocate K. Arumugham.
“It is made clear that by this order, this court stays only the appointment of two members and therefore, there is no prohibition for the Lok Ayukta to start functioning with Chairman and other members.”
Ordering notice to the Rajaram and Arumugham, the bench posted to April 22, further hearing of a Public Interest Litigation, which challenged the appointment of these two persons to Lok Ayukta as non-judicial members.
The bench said this court is very happy to note that the Government of Tamil Nadu has enacted the Act called Tamil Nadu Lok Ayukta Act, 2018. The Act has been enacted with a laudable object to weed out the corruption and to inquire into the allegations of corruption against public servants. Therefore, persons with impeccable integrity, experience without affiliation to any party, alone have to be appointed. However, two persons' appointment to Lokayukta as non-judicial members is challenged contending that their appointment is not in consonance with the provisions of the Act especially Clause (4) (f) of section3 and Article 319 of the Constitution, the bench added.
The bench said the case of the petitioner was that these two non-judicial members were not qualified to be appointed as per the Act. It was stated by Senior Counsel Ajmal Khan, appearing for the petitioner that "Rajaram is a retired IAS officer, who is a serving member of the Tamil Nadu Public Service Commission.
He pointed out relying upon Article 319 that there is a prohibition regarding appointment of Chairman or Member of the Public Service Commission to any other post except to Union Public Service Commission or any other State Public Service Commission. Since Rajaram is a serving member of the Tamil Nadu Public Service Commission, he is not qualified to be appointed as Non-Judicial Member of the Lok Ayukta".
A perusal of Article 319 of Constitution of India, reveal that a serving Member of the State Public Service Commission cannot be appointed to any other post except to the Union Public Service Commission or any other State Public Service Commission and not in any other employment and therefore, prima facie, it appears that Rajaram's appointment, who was serving member of Tamil Nadu Public Service Commission, was not in consonance with the provisions of law and hence his appointment was liable to be stayed, the bench added.
The bench said Clause (4) (f) of section 3 of the Act makes it clear that a person in order to become a member of Lok Ayukta should not have any connection with any political party or carrying on any business or practicing any profession.
As far as Advocate Arumugham was concerned, he was stated to be the Secretary of AIADMK Advocates' Wing, Coimbatore district and therefore, prima facie it appears that he was not qualified to be appointed as member of the Lok Ayukta and consequently his appointment was also liable to be stayed.
"There should not be any violation or allegation against the persons to be appointed as members of very important forum like Lok Ayukta. Accordingly, the impugned Government Order in so far as it relates to appointment of Rajaram and Arumugham is stayed," the bench added.
