Case Note & Summary
The petitioners, Adarsh R. Iyer and Prakash Babu B.K., co-presidents of Janaadhikaara Sangharsha Parishath (JSP), filed writ petitions under Articles 226 and 227 of the Constitution of India challenging an order dated 24.08.2017 passed by the Karnataka Lokayukta. The Lokayukta had rejected their complaint dated 18.06.2016, which sought action against 78 members of the Karnataka Legislative Assembly for allegedly committing an offence under Section 17(2) of the Karnataka Lokayukta Act, 1984. The petitioners appeared in person. The respondents included the Lokayukta, the Chairman of the Legal Cell of the Lokayukta, and the Secretary of the Karnataka Legislative Assembly. The Government Advocate was served. The High Court, after hearing the petitioners, dismissed the petitions, holding that members of the Legislative Assembly are not 'public servants' within the meaning of the Karnataka Lokayukta Act, 1984, and therefore the complaint was not maintainable. The court found no merit in the petitions and upheld the Lokayukta's order.
Headnote
A) Constitutional Law - Interpretation of Statutes - Public Servant - Karnataka Lokayukta Act, 1984, Section 17(2) - The petitioners filed a complaint against 78 MLAs alleging an offence under Section 17(2) of the Act. The Lokayukta rejected the complaint on the ground that MLAs are not 'public servants' under the Act. The High Court upheld the rejection, holding that MLAs are not covered under the definition of 'public servant' in the Act, and therefore the complaint was not maintainable. (Paras 1-3)
Issue of Consideration
Whether members of the Karnataka Legislative Assembly are 'public servants' within the meaning of the Karnataka Lokayukta Act, 1984, and whether a complaint under Section 17(2) of the Act is maintainable against them.
Final Decision
Writ petitions dismissed. No order as to costs.
Law Points
- Interpretation of 'public servant' under Karnataka Lokayukta Act
- 1984
- Maintainability of complaint against MLAs
- Scope of Section 17(2) of the Act
Case Details
2018 LawText (KAR) (03) 3
Writ Petition Nos.6458-6459/2018 (GM-KLA)
H.G.Ramesh, B.M.Shyam Prasad
Petitioners-in-person, Government Advocate served
Adarsh R. Iyer and Prakash Babu B.K.
Lokayukta, Chairman of Legal Cell, and Secretary of Karnataka Legislative Assembly
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Nature of Litigation
Writ petition challenging order of Lokayukta rejecting complaint against MLAs
Remedy Sought
Set aside order dated 24.08.2017 and direct fair enquiry into complaint dated 18.06.2016
Filing Reason
Lokayukta rejected complaint against 78 MLAs for alleged offence under Section 17(2) of Karnataka Lokayukta Act, 1984
Previous Decisions
Order dated 24.08.2017 bearing No. LOK/ADM-1/28/2016-17 passed by Lokayukta rejecting complaint
Issues
Whether MLAs are 'public servants' under Karnataka Lokayukta Act, 1984
Whether complaint under Section 17(2) of the Act is maintainable against MLAs
Submissions/Arguments
Petitioners argued that MLAs committed offence under Section 17(2) of the Act
Lokayukta rejected complaint on ground that MLAs are not public servants under the Act
Ratio Decidendi
Members of the Legislative Assembly are not 'public servants' within the meaning of the Karnataka Lokayukta Act, 1984, and therefore a complaint under Section 17(2) of the Act is not maintainable against them.
Judgment Excerpts
In these petitions, petitioners who appear in person are challenging the order dated 24.08.2017 bearing No. LOK/ADM-1/28/2016-17 passed by Lokayukta, State of Karnataka, rejecting the petitioners’ complaint dated 18.06.2016 given to initiate action against 78 members of Karnataka State Legislative Assembly on the ground that they have committed the offence punishable under Section 17(2) of the Karnataka Lokayukta Act, 1984.
The Lokayukta has rejected the complaint on the ground that the members of the Legislative Assembly are not public servants within the meaning of the Act and therefore the complaint is not maintainable.
We see no merit in these petitions. Accordingly, the petitions are dismissed.
Procedural History
Petitioners filed complaint dated 18.06.2016 before Lokayukta against 78 MLAs. Lokayukta rejected complaint by order dated 24.08.2017. Petitioners challenged that order by filing writ petitions under Articles 226 and 227 of Constitution of India. High Court dismissed petitions on 05.03.2018.
Acts & Sections
- Karnataka Lokayukta Act, 1984: 17(2)
- Constitution of India: 226, 227
