Shillong, Oct 13: The litigation cell of the Khasi Student’s Union today has written to the Chief Minister of Meghalaya Mr Conrad K Sangma, for non-appointment of the full bench of the Lokayukta members, judicial and non-judicial of the state of Meghalaya.
In the letter that was sent to the Chief Minister the KSU pointed out the non-compliance of the Supreme Court Order in the Writ Petition (Civil) No:5 (S) 684/2016 vide order dated 24.10.2018 by the State Government.
The Khasi Students Union (KSU) Litigation Cell put forth before the office of the Chief Minister about the main and important grievance that the common citizen have witness that is the non appointment of the full bench of the Lokayukta members in Meghalaya.
The State Legislative Assembly has passed the Meghalaya Lokayukta Act in the 2014 which is a body for the State of Meghalaya to inquire into the allegations of curruption against certain public functionaries within the state as per the objective of the Act.
According to the provision of the Act, Section 3 have specifiically explained that there should be one Chairman and not exceeding four out of whom fifty percent shall be Judicial Members.
It is a fact that this Act has been amended called the Meghalaya Lokayukta (Amendment) Act 2019 where a new proviso has been inserted after the existing Section 5, namely: Provided that no decision of the Lokayukta shall be invalidated due to vacancy created due to the non-availability or non-appointment of the Chairman or members”
It is also a fact that the then State Government did not take any step to constitute the Lokayukta till the Writ Petition (Civil) No:5 (S) 684/2016 was filed by Ashwini Kumar Upadhya in the Supreme Court of India during the year 2016.
Though the then Government had completed the process of selection of the Chairman and Members that is before the General Election to the State Assembly 2018. During the the General Election to the State Assembly 2018, the electorates most probably expected for a change and did not vote for the then Government for they cherish for a clean government.
The Supreme Court of India in the Writ Petition (Civil) No:5 (S) 684/2016 vide order dated 24/10/2018 directed the State Governement to appoint Judicial and Non-judicial members of the Lokayukta without any delay.
This Government too had willfully disrespect and underestimate the function and power of the honble Apex Court of the country and did not appoint the Judicial and non-Judicial members of the Lokayukta till today but only a Chairperson.
It is not without any reasoning that the framers of the Lokayoukta Act has frame Section 3 that both judicial and non- judicial members are to be appointed; it is surely with proper and strong reasoning that such a section is inserted where it is a neccessity that both judicial and non- judicial members should be appointed to the Lokayukta which is an important body to inquire and trial the allegations of curruption against certain public functionaries within the state.
The KSU urged the Chief Minister to take up this matter with an urgency to appoint the full bench of the Judicial and the non-judicial members so that all these cases of alleged corruption that rise with the duration of time in the state could be look into or tried by the said institution which has been constituted specifically for this purpose so that corruption in the state is minimized and also to avoid contempt of court proceeding against the state for non-complied with the Apex Courts order as above.
Failing which, the union has no other choice but to take necessary steps to pressurize the State Government to act as this matter is urgent especially in such a situation where allegation increase massively on various subject-matters from the common citizens of the state, the memorandum was sign by the Secretary Litigation Cell of the KSU, Shri Shemphang L Mawphlang.
