Reply in a week on PIL challenging Lokayukta's selection: HC to UP

ALLAHABAD: The Allahabad High Court today granted one week's time to Uttar Pradesh government for filing a reply to a Public Interest Litigation which has challenged the process adopted for selection of a new Lokayukta on the ground that the Chief Justice was not consulted in accordance with law.

A division bench, comprising Justice Rakesh Tiwari and Justice Mukhtar Ahmed, also declined to accept a short affidavit filed jointly by Advocate General Vijay Bahadur Singh and Chief Standing Counsel Ramesh Upadhyay who contended that the PIL was not maintainable since the petitioner, an advocate named Anoop Barnwal, had relied solely on newspaper reports to assail the selection process.

The court, which had on August 7 last asked the state government to file a counter affidavit today, ordered that filing of counter-affidavit be ensured within a week, after which the petitioner would be granted four days' time for filing of rejoinder.

The court fixed August 21 as the next date of hearing in the matter.

The petitioner's contention was that as per Section 3 of Lokayukta Act, the state government should consult the Leader of the Opposition in the UP assembly and the Chief Justice of the Allahabad High Court while selecting a person for the anti-corruption ombudsman's post.

However, the petitioner has alleged, the state government went ahead with the selection process keeping the CJ out. Meanwhile, a file was sent by the state government to UP Governor Ram Naik apprising him of a cabinet resolution wherein retired High Court judge Justice Ravindra Singh was chosen for the post.

The Governor, however, returned the file on August 6 asking Chief Minister Akhilesh Yadav to furnish details of the consultations, if any, that might have been held with the Chief Justice and the Leader of the Opposition in the process.