Assembly admits motion on Lokayukta's removal

The countdown to the ouster of Karnataka Lokayukta Justice Y Bhaskar Rao seems to have begun with the Legislature admitting a motion moved by the Opposition, the BJP and the JD(S), seeking the anti-graft ombudsman’s removal on Monday.

Speaker Kagodu Thimmappa, who declared the motion has been admitted, said he will write to Chief Justice (CJ) of Karnataka High Court Subhro Kamal Mukherjee in two to three days, urging him to probe the charges against Justice Rao.
Once the Speaker formally writes to (CJ), Justice Rao will be divested of his administrative powers and duties as per the Karnataka Lokayukta Act. In the Council, Leader of the Opposition K S Eshwarappa moved the motion, which was admitted by Chairman D H Shankarmurthy.

The BJP and the JD(S) submitted a separate petition to the Speaker seeking to move the motion last week. The ruling Congress, however, decided not to submit a petition.

Instead, it orally extended support to the move. In reality, a section of Congress legislators are said to be upset with the party leaders for not taking the initiative for the Lokayukta’s removal.

Politics over motion

The Congress, which was unwilling to allow the Opposition parties to take the credit for having initiated the motion, demanded that the House should adopt the motion before the Speaker writes to the CJ.

“By adopting the motion, we will be sending a message that the entire House is supporting it (motion). Otherwise, it reflects as if the Congress was not in favour of the removal of the Lokayukta,” said senior Congress MLA K R Ramesh Kumar. As per Rules of Procedure and Conduct of Business In Karnataka Legislative Assembly, any motion admitted has to be adopted by the House.


“At the time of adopting it (motion), we (Congress members) will also extend our support. The motion carries more weight when the entire House adopts it unanimously. Moreover, it is a question of following the rules laid down by us,” he argued.

The BJP and the JD(S) members opposed Kumar's suggestion, saying that there was no provision in the Act to adopt the motion and that it is left to the Speaker’s discretion.

“The Act (Lokayukta Act) amended this year has no provision for adopting the motion. The section 3 of the Act stipulates that the presiding officer can either admit or dismiss the motion,” S Suresh Kumar of the BJP said.

The Speaker said there was no provision for adopting the motion and that the House can take up a discussion on it after the CJ gives a report.