The Hindu : Karnataka / Bangalore News : Lokayukta may have to wait a while

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Thursday, Sep 20, 2007
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Karnataka

Karnataka - Bangalore

Lokayukta may have to wait a while

Raghava M.

‘Promulgating an Ordinance is his prerogative’
Draft Ordinance may reach Governor’s office today

BANGALORE: Granting suo motu powers to the Lokayukta and carrying out other amendments to the Karnataka Lokayukta Act may be delayed if Governor Rameshwar Thakur decides to wait till the elections to urban local bodies to give his assent to the Ordinance framed by the State Government.

According to legal experts, the Governor might consider waiting for 10 more days to promulgate the Ordinance so as to avoid influencing voters.

A Supreme Court ruling (AIR 1987 SC 579) allows challenging an Ordinance on the grounds of colourable exercise of power by the Government, said a former Advocate-General.

“Promulgating an Ordinance is a matter purely left to the satisfaction of the Governor.

“He is the sole judge as to the existence of the circumstances necessitating the making of an ordinance,” he said.

On Tuesday, the State Cabinet decided to issue an Ordinance to grant inter alia the long-pending suo motu power to the Lokayukta.

This power, hitherto used by the Upa Lokayukta, will enable the Lokayukta to take action against Secretaries to Government, including the Chief Secretary, without any formal complaint and an affidavit.

The Ordinance is likely to reach the Governor’s office latest by Thursday morning.

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