Karnataka Lokayukta Act proves Parrikar wrong on corrupt minister "shall resign" issue

GOANEWS DESK, PANAJI | 01 February 2013 20:57 IST

Chief minister Manohar Parrikar appears to have told exactly opposite of what Karnataka Lokayukta has - that it is not compulsory for a corrupt chief minister or a minister to resign, if found guilty of corruption charges.

The Goa Lokayukta Amendment bill passed yesterday has a provision, which makes it 'voluntary' for the 'corrupt' chief minister or the minister to resign.

During the debate on passing of the Lokayukta amendments yesterday, the furious chief minister criticised the media saying "they have no brains while writing".

He had proposed that the chief minister, minister or the MLA 'may resign' and it cannot be made 'shall resign' since it is in violation of the Constitution of India.

"I have no problem in making it 'shall resign', but then the Act would not come into force since such a provision would be rejected since it is ultra virus to Constitution", he told the House.

He claimed that he has inserted the whole section as per the recommendation of the Goa's    to-be Lokayukta - retired Justice B Sudarshan Reddy - to include sections of Karnataka act.

He also claimed that Karnataka act does not have a provision of 'shall', but even that act says that the chief minister or the minister 'may resign.'

However, in reality, the Karnataka Lokayukta act states exactly opposite.

Section 13 of the Karnataka Lokayuka Act deals with  "Public servant to vacate office if directed by Lokayukta etc."

Sub section 2 of this section 13 states as follows:

2) If the declaration so made is accepted or is deemed to have been accepted, the fact of such acceptance or the deemed acceptance shall immediately be intimated by Registered post by the Governor, the State Government or the Chief Minister-  if any of them is the competent authority - and the State Government in other cases then, notwithstanding anything contained in any law, order, notification, rule or contract of appointment, the public servant concerned SHALL, with effect from the date of intimation of such acceptance or of the deemed acceptance of the declaration,  

 i) if the Chief Minister or a Minister RESIGN HIS OFFICE of the Chief Minister, or Minister, as the case may be;

The Karnataka government is today ruled by the BJP and they have not found it unconstitutional.

The provision that the chief minister or the minister SHALL RESIGN is there in the act till today.

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Previous Comments

With the Lokayukta amendments, Mr PArrikar has placed a price for any one wishing to rectify an injustice.

Courts of Law do not penalise anyone for frivilous complaints.They just throw them out.

It should also be noted the Fines(Penalties) Mr Parrikar has used in the Amendments, is much much higher than in Advanced Countries with a higher "cost of living".

RS 10 Lakhs Penalties in a Country like India/Goa is absolutely absurd.

Mr Parrikar could afford such fines as he either receives or would be bailed out by a booty /Commission from the Miners .Realty Agents and other Industrialists wanting a foothold in Goa.

Mr Parrikar also stupidly states the fines are high to proof them against Economic Inflation (Rising costs of living).

Would peoples wages/salaries increase equally.

Mr Parikar, after coming to power seems to be delivering just rhetorics and not anything of real substance.

His Policies are as plastic, as plastic can ever be.

- , London | 05 th February 2013 06:34

 

goa lokayukta act will be written down in text books as one of the most stupid litigations in the history of mankind. U can file complaint but lokayukta cant investigate. He can pass judgment but cant execute. If a person is found currupt no punishment but if not found currupt complainant goes to jail for 1 year and pays fine of 10 lakhs. On top of it cm will decide as to what is to be done of lokayuktas orders. Consider this u dont get electricity in your house for 2 days. U go to electricity dept j e. J e ask for 1000 rs bribe. U file complaint. Lokayukta direct police to investigate. J e bribes police 500 rs. Police file report that complaint is false. Now u go to jail for 1 year and pay 10 lac fine. this is governance parrikar style. Bravo!

- shivraj, aldona | 02 nd February 2013 17:45

 

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