Governor Ram Nath Kovind on Tuesday returned for reconsideration the Bihar Lokayukta (amendment) bill 2016 - passed by the state legislature during monsoon session - because he wants the state government to put a specific timeframe regarding appointment of Lokayukta in case the incumbent retires, said highly placed sources.
As per the bill passed by the legislature, the term of Lokayukta is for a period of five years or up to the age of 70 years, whichever is attained first, but the Lokayukta can occupy the office till his/her successor is appointed.
"The Raj Bhavan's only objection is on the no time frame for the appointment of the next Lokayukta after the tenure of incumbent is completed," said a Raj Bhavan official who did not want to be identified for this report.
The governor does not want any confusion over the issue, the official added.
Last year, Uttar Pradesh Governor Ram Naik referred the UP Lokayukta and UP Lokayukta (amendment) bill 2015 to President Pranab Mukherjee for further examination after finding that the bill terminates the role of the Chief Justice of the Allahabad high Court in selection of the Lokayukta, whereas the Chief Justice of India has a great role in the selection of Lokpal in the central law.
Governor Kovind has given his assent to around half a dozen bills but two bills - the Lokayukta (amendment) bill and the Bihar prohibition and excise bill, 2016 - are still awaiting his nod, according to Patna Raj Bhavan sources.
When a bill passed by the legislature reaches Raj Bhavan, the office of the officer on special duty (OSD), judiciary, who is of the rank of a civil judge, goes through the salient provisions and after consultation with the governor the bill gets Raj Bhavan's nod. Presently, Abhimanyu Lal Srivastava is the OSD (judiciary) at Raj Bhavan.
When a bill is okayed by the legislature, the governor can give his assent to the bill, in which case it becomes law, or he may withhold assent to the bill. The governor can also return the bill with a message, or reserve the bill for the consideration of the President.
"The governor can return a bill if he finds that the bill suffers serious legal infirmity," said Patna High Court senior advocate Yogesh Chandra Verma. As per the provisions of the Bihar Lokayukta Act 2011, the governor appoints the Lokayukta and other members based on the recommendations of a selection committee, Verma explained.
The selection committee includes chairman of the Legislative Council, Speaker of the Assembly, two sitting senior-most high court judges recommended by the Chief Justice, and the incumbent Lokayukta.





