File Photo: Bombay High Court.
The Bombay High Court today sought Maharashtra government's response to a public interest litigation challenging the proposed appointment of Justice M L Tahaliyani as the new Lokayukta of the state.
Activist I G Khandelwal has filed the Public Interest Litigation which alleges that the procedure mandated in the Lokayukta Act has not been followed.
"Under the Act, approval of the Chief Justice of the High Court needs to be taken....The Chief Minister has no role to play in the appointment," Mr Khandelwal argued.
Also, a sitting judge cannot be appointed as Lokayukta when there are vacancies in the High Court itself, he said.
The division bench of Chief Justice Mohit Shah and Justice A K Menon directed the Additional Government Pleader Milind More to take instructions and inform the court tomorrow when will the government take final decision on the appointment.
The state Governor has approved Justice Tahaliyani's appointment but the official order is yet to be issued.
Justice Tahaliyani will succeed Justice P B Gaikwad whose five-year term ended on July 1, 2014 after which the post has been lying vacant.