In a development which is as unprecedented as it is embarrassing for the Akhilesh Yadav regime, Governor Ram Naik has rejected – for the fifth time – the name of Justice Ravindra Singh Yadav (retired) proposed by the state government for appointment as the Lokayukta.
The Samajwadi Party (SP) has taken umbrage over what it calls the Governor's "politicking" and said the Governor is bound to respect the decisions of an elected government. The BJP has asked why the CM was hell bent upon appointing his relative as the Lokayukta.
As per constitutional norms, the Governor can return any file, sent to him by the government for his approval, only once. If the government sends the file for a second time, the Governor has no choice but to clear it. However, legal experts say this is not a constitutional matter.
For his part, the Governor has virtually shifted into combat mode. On Tuesday, after returning the file, the Governor spoke to the press rather bitterly about the government's mulish persistence with its choice for the prestigious post. His secretariat released the content of the letter the Governor had written while rejecting the government proposal, to the media.
"The tug-of-war between the government and the Governor is very unfortunate. But, it's not a constitutional matter as the appointment of Lokayukta is not done under the Constitution but under state acts," said retired judge CB Pande. He said that the Governor was not bound to clear the government's proposal if it was returned to him despite his objections.
The Governor also asserted his authority as he spoke with the media. "The government expects that I will work as a rubber stamp. They say I am bound to agree to their proposal. But, there are Supreme Court orders regarding the Lokayukta's appointment which are completely to the contrary."
The Governor expressed his displeasure over the manner in which the government had gone about the appointment. "The CM has not even once held a meeting with the leader of the opposition and the Chief Justice of the Allahabad High Court as laid down in the Act. They have cleared this name in a cabinet meeting. The cabinet has no role in the Lokayukta's appointment," he said.
In his letter, Naik has pointed out that since the Chief Justice had mentioned Justice Yadav's proximity with ruling party leaders, his name should not be proposed by the government. In effect, the Governor has finally rejected Yadav's candidature.
In its communiqué, the state government had asserted that the Governor was bound by the advice of an elected government, and that the cabinet decision should be honoured. It also said that the Lokayukta Act only provided for conferring with the opposition leader and the High Court Chief Justice, but their advice was not binding on the government.
However, Ram Naik, an old BJP warhorse, is apparently far from being convinced. The face-off promises to snowball into a major embarrassment for the Akhilesh regime.
SP leader Naresh Agarwal: "The Governor is acting at the behest of the Centre and creating problems for our government. He can only return the government's proposal once. He is bound to accept the advice of the elected government."
UP BJP chief Laxmikant Bajpayee: "The CM should explain why he is so interested in getting his relative appointed as the Lokayukta."
