“The failure of Constitutional functionaries to comply with the orders of the highest court of the land is deeply regretted and astonishing”, the bench said, adding, “We, therefore, proceed to exercise our right under Article 142 of the Constitution to remedy the situation by passing an appropriate order”.
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Asking Uttar Pradesh to appoint the Lokayukta by December 16, the bench said: “We don’t mince words”.
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With a sharp reprimand for the UP government it expressed its disapproval of the way constitutional authorities mandated to appoint the ombudsman failed to discharge their responsibilities.
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Before the appointment of Justice Singh, the selection committee made up of Akhilesh Yadav, Chief Justice of Allahabad High Court DY Chandrachud and Leader of the Opposition in the state assembly Swami Prasad Maurya had failed to agree on a name for a new Lokayukta.
Earlier this year, in April, the apex court had expressed regret that the state government had not complied with its directive to appoint a new lokayukta within six months.
As state Advocate General Vijay Bahadur Singh told the court that action would be taken on the matter shortly, the court retorted: “You had said this last time also”. “It seems, each one of you have your own agenda… you make the appointment by Wednesday”, it said while fixing the petitions on the issue for hearing on December 16.
Following this approval, the UP Lokayukta (Amendment Ordinance) 2012 was promulgated on 27 March, 2012.
Meanwhile, the apex court again slammed the state government today for not appointing Lokayukta despite its order and asked it to provide 5 short-listed names for the post. However, Governor Naik returned it with some queries. The retired judge, who is native of Meerut, has served in the Allahabad High Court from 2009-2011.
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Sibal gave five names to the court. “How can the Supreme Court arrogate to itself the power of a statutory body?”
