Thiruvananthapuram: The Lok Ayukta is not a court entitled to disqualify the elected representatives, law minister P Rajeeve said here on Wednesday. He was responding to the criticism of opposition leader VD Satheesan on the latest amendments proposed to the agency.
The high court verdict regarding this is very clear, Rajeeve said. The government has proposed changes to Section 14 of the Kerala Lok Ayukta Act, 1999, which states that if "the Lok Ayukta or an Upa-Lok Ayukta is satisfied that the complaint involving an allegation against the public servant is substantiated, the public servant concerned should not continue to hold the post held by him."
Satheesan had earlier said that the high court verdict was related to Section 12 of the act that deals with the Lok Ayukta reports. However, Rajeeve claimed that the sections are related and the LoP may not have read the entire verdict of the court.
Lok Ayukta is a quasi-judicial entity that shall make recommendations. It is not a body to dictate what to do. Besides, it is unconstitutional that the orders can't be challenged, the minister added.
As per the latest amendment, the chief minister can decide if a minister has to resign following the Lok Ayukta order. In the case of the CM, Governor can make the call.
Rajeeve added that the cabinet has thoroughly discussed the matter and the ordinance route was opted as the Assembly may not convene soon.