BackSC upholds amendment in UP Lokayukta Act
The court also directed the state govt to take steps for selecting new incumbent within six months
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New Delhi: The Supreme Court on Thursday upheld the constitutional validity of amendment in UP Lokayukta Act for fixing eight-year tenure for the anti-corruption ombudsman.
A bench headed by chief justice P.Sathasivam said appointment of justice N.K. Mehrotra (retd) as Lokayukta is valid and directed the state government to take steps for selecting new incumbent within six months.
Justice Mehrotra was appointed as Lokayukta for the state on 16 March 2006 for a period of six years and the government granted him a two-year extension by amending the Act under which the tenure was extended to eight years or till a successor took over.
“We hold that Justice Mehrotra is duly holding the office of Lokayukta under a valid law enacted by the competent legislature — the Uttar Pradesh Lokayukta and UP-Lokayuktas Act, 1975 as amended by the Uttar Pradesh Lokayukta and UP-Lokayuktas (Amendment) Act, 2012.
“However, we direct the state to take all endeavors for selecting the new incumbent for the office of Lokayukta and UP-Lokayuktas as per the provisions of the Act preferably within a period of six months from today," it said.
The bench said the amendment Act was enacted by a competent legislature with legislative intent to provide a term of eight years to Lokayukta and UP-Lokayukta, whether present or future, to ensure effective implementation of the Act.
“We are also satisfied that the aforesaid extension of the term of Lokayukta and UP-Lokayukta from six years to eight years is a matter of legislative policy and it cannot be narrowed down by saying that the same was enacted only for the benefit of Respondent No 2 (Mehrotra)," it said.
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