MR. JUSTICE CHANDRASHEKARAIAH (RETD.) versus JANEKERE C. KRISHNA & ORS. ETC.

MR. JUSTICE CHANDRASHEKARAIAH (RETD.) versus JANEKERE C. KRISHNA & ORS. ETC.

Appointment of Justice Chandrashekaraiah as Upa Lokayukta is void ab initio as there was no meaningful and effective consultation with the Chief Justice of the High Court, a mandatory requirement under Section 3(2)(b) of the Karnataka Lokayukta Act, 1984; the Chief Minister’s advice has primacy, but consultation...

Source-derived case information.

Parties
Appellant: Justice Chandrashekaraiah (Retd.); Respondents: Janekere C. Krishna & Ors.; Appellant: State of Karnataka
Jurisdiction
India
Judgment Date
11 January 2013
Procedural Posture
Civil Appeal / Supreme Court Final Decision
Outcome
Appeals partly allowed; appointment declared void ab initio
Legal Topics
Appointment of Lokayukta/upa Lokayukta, Statutory Interpretation, Consultation Process, Primacy of Consultee’s Opinion
Administrative Law Constitutional Law Appointment of Lokayukta/upa Lokayukta Statutory Interpretation Consultation Process Primacy of Consultee’s Opinion

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Parties

Justice Chandrashekaraiah (Retd.)

Appellant

Janekere C. Krishna & Ors.

Respondents

State of Karnataka

Appellant

Procedural Posture

Civil Appeal / Supreme Court Final Decision

Legal Issues

  1. 1 Whether the appointment of Justice Chandrashekaraiah as Upa Lokayukta was valid under Section 3(2)(b) of the Karnataka Lokayukta Act, 1984
  2. 2 Whether the Chief Justice of the High Court’s opinion has primacy in the consultation process for appointment of Upa Lokayukta under the Act

Ratio Decidendi

Appointment of Justice Chandrashekaraiah as Upa Lokayukta is void ab initio as there was no meaningful and effective consultation with the Chief Justice of the High Court, a mandatory requirement under Section 3(2)(b) of the Karnataka Lokayukta Act, 1984; the Chief Minister’s advice has primacy, but consultation with all five consultees, including the Chief Justice, is essential.

Court Disposition

Appeals partly allowed; appointment declared void ab initio

Orders

  • Appointment of Justice Chandrashekaraiah as Upa Lokayukta set aside as void ab initio.
  • Chief Minister of Karnataka directed to take steps for fresh appointment of Upa Lokayukta in accordance with law; after meaningful and effective consultation as per statute.