Cuttack, May 3: Orissa High Court today asked the state government to file a response to a PIL filed challenging its failure to appoint a Lokayukta though two years have gone by after the act was passed.
In his petition, Umaballav Rath pointed out that after Justice P.K. Patra died as the last Lokpal of Odisha on January 22, 2013, the forum under the act remained defunct.
"A large number of cases are now pending for hearing and disposal on account of the inaction of the government in the context of appointment of succeeding Lokpal," the petition said.
The inaction of the government "is a case of deprivation of constitutional rights of citizens of Odisha to oppose the cause of corrupt practices by public functionaries", the petition further contended, while seeking the court's direction to the government to make effective the legislation in the state "to prevent financial manipulations having substantial impact on the state exchequer".
The division bench of Chief Justice Vineet Saran and Justice B.R. Sarangi issued notices to the chief secretary and the law secretary and posted the matter to after two weeks for hearing. The authorities have been directed to file affidavits within two weeks.
The Assembly had passed the Lokayukta Act in February 2014 soon after enactment of the central law. Odisha even claims to be the first state to enact the law after Parliament passed its own.
"But, there has been no further effort on part of the authorities to make it effective by publishing the act in the official gazette," the petitioner has pointed out.
"The inaction of the state authorities on appointment of Lokpal or establishment of Lokayukta in the state has been causing direct loss to the exchequer by way of maintenance of the existing Lokpal establishments consisting of the expenses towards electricity, telephone, rent, water, staff salary and so on for the past three years," the petition alleged.
Under the Lokayukta Act, the activities of the chief minister, former chief ministers, other ministers and public servants come under the purview of a six-member anti-corruption panel.
The Lokayukta is to be chosen by a committee, headed by the chief minister and others, including the leader of Opposition, Assembly Speaker, Chief Justice of Orissa High Court or a judge nominated by him and an eminent jurist nominated by the governor. The governor will appoint the Lokayukta on the recommendation of the selection committee.





