Supreme Court dismissed PIL seking to bring UP CM under purview of UP Lokayukta Act

The Supreme Court in the case Shiv Kumar Tripathi v. State of UP observed and refused to entertain a plea filed seeking to bring the office of Chief Minister in the purview of Lokayukta Act of the State of Uttar Pradesh. The bench comprising of Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala was hearing the matter. It has been enquired by the CJI DY Chandrachud in the said matter that the petitioner who was the court supposed to direct to amend the law or bring in new law on the matter. Thus, the counsel, Advocate Shiv Kumar Tripathi appearing for the petitioner submitted that it was to be directed by the State legislature. CJI stated that, Mandamus cannot be issued to legislature for enacting law. Further, it has been argued in the petition that the existing status of the Uttar Pradesh Lokayukta Act 1975 did not meet the Institute of Lokayukta powerful enough to serve the purpose and object for which it was enacted. It was also stated that Lokayukta was not competent to proceed against the Chief Minister for any corrupt action in which he had been found guilty of favouritism, nepotism or lack of integrity, the petition seek to bring the Chief Minister under the purview of the act for initiating proceedings against him for his corruption. Before the court, it has also been in urged in the petition that the Lokayukta was not effective enough in matters of investigation against the corrupt public servants as well and the state of Uttar Pradesh had to depend on police authorities which were under the control of the state government and there was no authority and independence with the Lokayukta of the state of UP in carrying out investigation. Adding to it, the plea states that the institution of Lokayukta has not been given any power to proceed against any person for its contempt. Therefore, the institution of Lokayukta should be deemed to be a court of justice and as such should be in trusted with the power for its contempt under the contempt of Court act, 1971. Accordingly, the court dismissed the plea. The counsel, Advocate Sharan Dev Singh Thakur, AAG for the State of UP had appeared for the State of UP.

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