Thiruvananthapuram: After holding a two-week file without any action, Governor Arif Mohammed Khan, on Monday, signed a regulation that proposed Amendments Kerra Lok Ayukta, 1999, which made the agency order not binding to the government.
With Kerala Lok Ayukta Ordonance (Amendment), 2021, becoming a law, all the verdicts in the future Lok Ayukta are spoken below section 14 of the action becomes irrelevant, because it is the government’s choice to comply with the verdict or not.
It was below this section that the agency said its verdict on the former Minister of Higher Education KT Jalael, after which he had to leave the minister’s post, and was also enforced by the High Court.
With amendments, every decision on cabinet members can be rejected by the minister’s chairman, and if the verdict opposes CM, the governor can put it aside.
Ordonance was sent for the Governor’s approval on January 24 by Minister of Law P Rajeeve.
The opposition has greatly demanded the governor not to give his approval to the procedure.
The opposition leader VD Sathean has written twice to the governor who explains why announcing the proposed regulation is not legal and why the government is in a hurry to make changes to action.
The UDF delegation also met the governor and asked him to distance himself from signing procedures.
However, after Chief Minister Pinarayi Vijayan returned from a foreign tour, he met the governor on Sunday, explaining the government’s position.
It can be learned reliably that the main minister told the Governor that the government is a holder who does not need to be given the power of what has been arranged in the constitution, and there is no political motive behind the amendment.
He also told the Governor that the legal opinion of the Advocate General was also on the same lane, it was Learntt.
Cording to sub-section (1) from Part 14 Kerala Lok Ayukta Law, 1999, “where, after investigating complaints, Lok Ayankta or Ayukta Upa-Lok is satisfied that the complaints involving charges against civil servants are proven and that civil servants concerned do not have to hold the position held by him, Lok Ayukta Ayukta or Upa-Lok Ayukta, just like, will make a declaration for that effect in the report under the paragraph (3) section 12.
“Furthermore said,” Where the competent authority is the Governor, the Government of Kerala or the Chief Minister, he will receive a declaration.
In other cases, the competent authority concerned will send a copy of such reports to the government, who will receive the declaration.
“This is part of the part that made Lok Ayankta bind the government, which has been changed through Amandeme N new for “where the competent authority is the governor, or the chairman of the Minister or Government of Kerala, he may also receive, or reject the declaration (Lok Ayukta), after giving the opportunity to be heard”.