Meghalaya Lokayukta

Last updated

Meghalaya Lokayukta
Agency overview
Formed2014
Jurisdictional structure
Federal agency India
Operations jurisdiction India
General nature
Operational structure
HeadquartersMeghalaya Lokayukta, Shillong.
Agency executive
  • Pranoy Kumar Musahary [1] , Lokayukta

Meghalaya Lokayukta is the Parliamentary Ombudsman for the state of Meghalaya (India). It is a high level statutory functionary, created to address grievances of the public against ministers, legislators, administration and public servants in issues related to misuse of power, mal-administration and corruption. It was first formed under the Meghalaya Lokayukta and Deputy Lokayukta Act-2014 and approved by the president of India. The passage of Lokpal and Lokayukta's Act,2013 in Parliament had become law from 16 January 2014 and requires each state to appoint its Lokayukta within a year. [2] [3] A bench of Lokayukta should consist of judicial and non-judicial members. [4] An Upa-Lokayukta is a deputy to Lokayukta [5] and assists him in his work and acts in-charge Lokayukta in case the position fells vacant before time.

Contents

A Lokayukta of the state is appointed to office by the state Governor after consulting the committee consisting of State Chief Minister, Speaker of Legislative Assembly, Leader of Opposition, [5] or leader of largest opposition party in State Legislature, Chairman of Legislative Council and Leader of Opposition of Legislative Council and cannot be removed from office except for reasons specified in the Act and will serve the period of five years.

History and administration

The Meghalaya Lokayukta Bill, 2014 was passed in the Meghalaya Assembly and was effective from 7 March 2014 [6] and will replace the older ones passed ten years back. [7] Meghalaya Lokayukta Act, 2014 was amended in 2021 giving state government powers to constitute Lokayukta as a single or multi-member body. [8] According to Lokayukta Act, Opposition leader in Assembly, any person from common public, association in state or organizations of state can file a formal complaint petition before it. [1] It is constituted as five member team with judicial and non-judicial members. [6] Meghalaya Government was recommended by the Supreme Court of India to appoint its first Lokayukta. [6] Lokayukta of the state can pass order without inquiry. [9] Lokayukta of the state is independent body and cannot be influenced by state Government. [10]

Oath or affirmation

"I, <name>, having been appointed Lokayukta (or Upa-Lokayukta) do swear in the name of God (or solemnly affirm) that I will bear faith and allegiance to the Constitution of India as by law established and I will duly and faithfully and to the best of my ability, knowledge and judgment perform the duties of my office without fear or favour, affection or ill-will."

— First Schedule, Meghalaya Lokayukta and Deputy Lokayukta Act-2014

Powers

Meghalaya Lokayukta has complete and exclusive authority for enquiring into allegations or complaints against the State Chief Minister, State Deputy Chief Minister, Ministers of the state Government, Leader of Opposition and Government officials [11] [9] but with a clause citing complaints for public interest the State Government can prevent its operational effectiveness. [7] Lokayukta Act of the state which serves as its tool against corruption [6] covers Chief Ministers, ex-Chief Ministers, Government officials, Ministers, IAS officers and all public servants including from local administration, police, and customs. [10]

Appointment and tenure

Meghalaya Lokayukta got its first Chairperson as Pranoy Kumar Musahary, [1] [11] a former judge of Gauhati High Court. [6]

Notable cases

In 2019, Meghalaya Lokayukta had directed that all employees of the State Government including their spouses and children should declare their assets and liabilities. [12]

In 2018, Meghalaya Lokayukta had directed State Government to direct CBI probe regarding illegal mining of coal and its transportation from state. [1] [13] [14]

In 2020, Meghalaya Lokayukta in a complaint against government officials being involved in the smuggling of boulders, betel nuts and coal to other states, passed an order to the CBI for the investigation of same. [9]

Meghalaya Lokayukta even on request of the Meghalaya Government refused to amend, recall or modify the order passed by it in the Khliehriat case and refused any respite to the latter alleging the Government of interfering with the powers of the statutory body. [10]

The validity of the Lokayukta Act was challenged in the Meghalaya High Court in relation to a case that the Lokayukta was following up. Former GHADC secretary Hewingson Sangma moved the apex court challenging the 10 July order of the division bench of the High Court of Meghalaya which did not give any relief to the petitioner who questioned the validity of Lokayukta Act following the charge sheet order. On 4 August 2023, the Supreme Court dismissed as withdrawn a Special Leave Petition filed by former secretary GHADC Hewingson Sangma who was chargesheeted along with 12 others in connection with a scam in GHADC.[ citation needed ]

See also

Related Research Articles

<span class="mw-page-title-main">Lokpal</span> Ombudsman agency of India

A Lokpal is an anti-corruption authority or body of ombudsman who represents the public interest in the Republic of India. The current Chairperson of Lokpal is Ajay Manikrao Khanwilkar. The Lokpal has jurisdiction over central government to inquire into allegations of corruption against its public functionaries and for matters connected to corruption. The Lokpal and Lokayuktas Act was passed in 2013 with amendments in parliament, following the Jan Lokpal movement led by Anna Hazare in 2010. The Lokpal is responsible for enquiring into corruption charges at the national level while the Lokayukta performs the same function at the state level. The age of Lokpal on the date of assuming office as the chairperson or a member should not be less than 45 years.

The Lokayukta is the Indian Parliamentary Ombudsman, executed into power, through and for, each of the State Governments of India. It is brought into effect in a state after passing the Lokayukta Act in the respective state legislature, and a person of reputable background is nominated for the post. The post was created to quickly address the working of the government or its administration. Once appointed, Lokayukta cannot be dismissed or transferred by the government, and can only be removed by passing an impeachment motion by the state assembly.

The Jan Lokpal Bill, also referred to as the Citizen's Ombudsman Bill, was a bill drawn up by civil society activists in India seeking the appointment of a Jan Lokpal, an independent body to investigate corruption cases and complete the investigation within a year for envisaging trial in the case getting completed within one year.

The Assam Lokayukta is the Parliamentary Ombudsman for the state of Assam (India). It is a high level statutory functionary, created to address grievances of the public against ministers, legislators, administration and public servants in issues related to misuse of power, mal-administration and corruption. It was first formed under the Assam Lokayukta and Upa-Lokayukta Act, and approved by the president of India on 2011. The passage of Lokpal and Lokayukta's Act, 2013 in Parliament had become law from 16 January 2014, and requires each state to appoint its Lokayukta within a year. A bench of Lokayukta should consist of judicial and non-judicial members. An Upa-Lokayukta is a deputy to Lokayukta and assists him in his work and acts in-charge Lokayukta in case the position fells vacant before time.

Delhi Lokayukta is a high level statutory functionary formed by the Government of Delhi under the Delhi Lokayukta and Upa-Lokayuktas Act, 1995. The position acts as the parliamentary ombudsman for the Union Territory of Delhi. The act is aimed to increase efficiency in the standard of services in Public offices through immediate investigation of grievances against ministers, legislators and other public servants and officials serving in Government offices, by any member of public through their timely investigation. The passage of Lokpal and Lokayukta's Act, 2013 in Parliament had become law from 16 January 2014 and requires each state to appoint its Lokayukta within a year. A bench of Lokayukta should consist of judicial and non-judicial members.

Himachal Pradesh Lokayukta acts as the parliamentary ombudsman for the state of Himachal Pradesh. It is formed as a high level statutory functionary formed by state of Himachal Pradesh under the Himachal Pradesh Lokayukta and Upa-Lokayuktas Act, 2014. The position is helpful in enhancing the standard of services in Public Administration through fast track investigations of complaints and grievances by any member of public against state ministers, legislators and other public servants. The passage of Lokpal and Lokayukta's Act,2013 in Parliament had become law from 16 January 2014, and made mandatory for each state to appoint its Lokayukta within a year. A bench of Lokayukta should consist of judicial and non-judicial members.

West Bengal Lokayukta is the Parliamentary Ombudsman for the state of West Bengal (India). It is a high level statutory functionary, created to address grievances of the public against ministers, legislators, administration and public servants in issues related to misuse of power, mal-administration and corruption. It was first formed under the West Bengal Lokayukta and Upa-Lokayukta Act and approved by the president of India on 2013. The passage of Lokpal and Lokayukta's Act,2013 in Parliament had become law from 16 January 2014, and requires each state to appoint its Lokayukta within a year. A bench of Lokayukta should consist of judicial and non-judicial members. An Upa-Lokayukta is a deputy to Lokayukta and assists him in his work and acts in-charge Lokayukta in case the position falls vacant before time.

Gujarat Lokayukta is the Parliamentary Ombudsman for the state of Gujarat (India). It is a high level statutory functionary, created to address grievances of the public against ministers, legislators, administration and public servants in issues related to misuse of power, mal-administration and corruption. It was first formed under the Gujarat Lokayukta and Upa-Lokayukta Act, and approved by the president of India on 1986. The passage of Lokpal and Lokayukta's Act,2013 in Parliament had become law from 16 January 2014 and requires each state to appoint its Lokayukta within a year. A bench of Lokayukta should consist of judicial and non-judicial members. An Upa-Lokayukta is a deputy to Lokayukta and assists him in his work and acts in-charge Lokayukta in case the position fells vacant before time.

<span class="mw-page-title-main">Madhya Pradesh Lokayukta</span> Anti-corruption Ombudsman for the state of Madhya Pradesh

Madhya Pradesh Lokayukta is the Parliamentary Ombudsman for the state of Madhya Pradesh (India). It is a high level statutory functionary, created to address grievances of the public against ministers, legislators, administration and public servants in issues related to misuse of power, mal-administration and corruption. It was first formed under the Madhya Pradesh Lokayukta and Deputy Lokayukta Act-1981, and approved by the president of India. The passage of Lokpal and Lokayukta's Act,2013 in Parliament had become law from 16 January 2014 and requires each state to appoint its Lokayukta within a year. A bench of Lokayukta should consist of judicial and non-judicial members. An Upa-Lokayukta is a deputy to Lokayukta and assists him in his work and acts in-charge Lokayukta in case the position fells vacant before time.

Haryana Lokayukta is the Parliamentary Ombudsman for the state of Haryana (India). It is a high level statutory functionary, created to address grievances of the public against ministers, legislators, administration and public servants in issues related to misuse of power, mal-administration and corruption. It was first formed under the Haryana Lokayukta and Deputy Lokayukta Act-2002, and approved by the president of India. The passage of Lokpal and Lokayukta's Act,2013 in Parliament had become law from 16 January 2014 and requires each state to appoint its Lokayukta within a year. A bench of Lokayukta should consist of judicial and non-judicial members. An Upa-Lokayukta is a deputy to Lokayukta and assists him in his work and acts in-charge Lokayukta in case the position fells vacant before time.

Tamil Nadu Lokayukta is the Parliamentary Ombudsman for the state of Tamil Nadu (India). It is a high level statutory functionary, created to address grievances of the public against ministers, legislators, administration and public servants in issues related to misuse of power, mal-administration and corruption. It was first formed under the Tamil Nadu Lokayukta and Deputy Lokayukta Act-2018 and approved by the president of India. The passage of Lokpal and Lokayukta's Act,2013 in Parliament had become law from 16 January 2014 and requires each state to appoint its Lokayukta within a year. A bench of Lokayukta should consist of judicial and non-judicial members. An Upa-Lokayukta is a deputy to Lokayukta and assists him in his work and acts in-charge Lokayukta in case the position fells vacant before time.

Arunachal Pradesh Lokayukta is the Parliamentary Ombudsman for the state of Arunachal Pradesh (India). It is a high level statutory functionary, created to address grievances of the public against ministers, legislators, administration and public servants in issues related to misuse of power, mal-administration and corruption. It was first formed under the Arunachal Pradesh Lokayukta and Deputy Lokayukta Act-2014 and approved by the president of India. The passage of The Lokpal and Lokayuktas Act, 2013 in Parliament had become law from 16 January 2014 and requires each state to appoint its Lokayukta within a year. A bench of Lokayukta should consist of judicial and non-judicial members. An Upa-Lokayukta is a deputy to Lokayukta and assists him in his work and acts in-charge Lokayukta in case the position fells vacant before time.

Chhattisgarh Lokayog is the Parliamentary Ombudsman for the state of Chhattisgarh (India). It is a high level statutory functionary, created to address grievances of the public against ministers, legislators, administration and public servants in issues related to misuse of power, mal-administration and corruption. It was first formed under the Chhattisgarh Lok Ayog Act, 2002 and approved by the president of India. The passage of Lokpal and Lokayukta's Act, 2013 in Parliament had become law from 16 January 2014 and requires each state to appoint its Lokayukta within a year. A bench of Lokayukta should consist of judicial and non-judicial members. An Upa-Lokayukta is a deputy to Lokayukta and assists him in his work and acts in-charge Lokayukta in case the position fells vacant before time.

Jharkhand Lokayukta is the Parliamentary Ombudsman for the state of Jharkhand (India). It is a high level statutory functionary, created to address grievances of the public against ministers, legislators, administration and public servants in issues related to misuse of power, mal-administration and corruption. It was first formed under the Jharkhand Lokayukta Act-2001, and approved by the president of India. The passage of Lokpal and Lokayukta's Act,2013 in Parliament had become law from 16 January 2014 and requires each state to appoint its Lokayukta within a year. A bench of Lokayukta should consist of judicial and non-judicial members. An Upa-Lokayukta is a deputy to Lokayukta and assists him in his work and acts in-charge Lokayukta in case the position fells vacant before time.

Punjab Lokayukta is the Parliamentary Ombudsman for the Indian state of Punjab. It is a high level statutory functionary, created to address grievances of the public against ministers, legislators, administration and public servants in issues related to misuse of power, mal-administration and corruption. It was first formed under the Punjab Lokpal Act-1996, and approved by the president of India. The passage of Lokpal and Lokayukta's Act,2013 in Parliament had become law from 16 January 2014 and requires each state to appoint its Lokayukta within a year. A bench of Lokayukta should consist of judicial and non-judicial members. An Upa-Lokayukta is a deputy to Lokayukta and assists him in his work and acts in-charge Lokayukta in case the position fells vacant before time.

Manipur Lokayukta is the Parliamentary Ombudsman for the state of Manipur (India). It is a high level statutory functionary, created to address grievances of the public against ministers, legislators, administration and public servants in issues related to misuse of power, mal-administration and corruption. It was first formed under the Manipur Lokayukta and Deputy Lokayukta Act-2014 and approved by the president of India. The passage of Lokpal and Lokayukta's Act,2013 in Parliament had become law from 16 January 2014 and requires each state to appoint its Lokayukta within a year. A bench of Lokayukta should consist of judicial and non-judicial members. An Upa-Lokayukta is a deputy to Lokayukta and assists him in his work and acts in-charge Lokayukta in case the position fells vacant before time.

Mizoram Lokayukta is the Parliamentary Ombudsman for the state of Mizoram (India). It is a high level statutory functionary, created to address grievances of the public against ministers, legislators, administration and public servants in issues related to misuse of power, mal-administration and corruption. It was first formed under the Mizoram Lokayukta and Deputy Lokayukta Act-2014 and approved by the president of India. The passage of Lokpal and Lokayukta's Act,2013 in Parliament had become law from 16 January 2014, and requires each state to appoint its Lokayukta within a year. A bench of Lokayukta should consist of judicial and non-judicial members. An Upa-Lokayukta is a deputy to Lokayukta and assists him in his work and acts in-charge Lokayukta in case the position fells vacant before time.

Nagaland Lokayukta is the Parliamentary Ombudsman for the state of Nagaland (India). It is a high level statutory functionary, created to address grievances of the public against ministers, legislators, administration and public servants in issues related to misuse of power, mal-administration and corruption. It was first formed under the Nagaland Lokayukta and Deputy Lokayukta Act-2014 and approved by the president of India. The passage of Lokpal and Lokayukta's Act,2013 in Parliament had become law from 16 January 2014 and requires each state to appoint its Lokayukta within a year. A bench of Lokayukta should consist of judicial and non-judicial members. An Upa-Lokayukta is a deputy to Lokayukta and assists him in his work and acts in-charge Lokayukta in case the position fells vacant before time.

Tripura Lokayukta is the Parliamentary Ombudsman for the state of Tripura (India). It is a high level statutory functionary, created to address grievances of the public against ministers, legislators, administration and public servants in issues related to misuse of power, mal-administration and corruption. It was first formed under the Tripura Lokayukta and Deputy Lokayukta Act-2008 and approved by the president of India. The passage of Lokpal and Lokayukta's Act,2013 in Parliament had become law from 16 January 2014 and requires each state to appoint its Lokayukta within a year. A bench of Lokayukta should consist of judicial and non-judicial members. An Upa-Lokayukta is a deputy to Lokayukta and assists him in his work and acts in-charge Lokayukta in case the position fells vacant before time.

Rajasthan Lokayukta is the Parliamentary Ombudsman for the state of Rajasthan (India). It is a high level statutory functionary, created to address grievances of the public against ministers, legislators, administration and public servants in issues related to misuse of power, mal-administration and corruption. It was first formed under the Rajasthan Lokayukta and Deputy Lokayukta Act, and approved by the president of India. The passage of Lokpal and Lokayukta's Act,2013 in Parliament had become law from 16 January 2014 and requires each state to appoint its Lokayukta within a year. A bench of Lokayukta should consist of judicial and non-judicial members. An Upa-Lokayukta is a deputy to Lokayukta and assists him in his work and acts in-charge Lokayukta in case the position fells vacant before time.

References

  1. 1 2 3 4 "Lokayukta to Meghalaya: Recommend CBI probe in illegal coal mining case". EastMojo. 18 March 2021. Retrieved 20 September 2021.
  2. ↑ Seetharaman, G. (10 November 2018). "Delay in appointment of Lokpal & Lokayukta: Who will bell the graft?". The Economic Times. Retrieved 5 September 2021.
  3. ↑ "Lok Sabha passes landmark Lokpal Bill". businessline. 12 March 2018. Retrieved 5 September 2021.
  4. ↑ "Only four states have appointed judicial, non-judicial members of Lokayukta, says report". The Economic Times. 8 December 2020. Retrieved 5 September 2021.
  5. 1 2 "No provision of advertising vacancies of Lokayukta: MP Govt". The Economic Times. 27 January 2016. Retrieved 12 September 2021.
  6. 1 2 3 4 5 "PK Musahary sworn in as Meghalaya Lokayukta Chairperson - Sentinelassam". sentinelassam.com. 7 November 2018. Retrieved 20 September 2021.
  7. 1 2 "Meghalaya Lokayukta Bill passed". businessline. 14 December 2012. Retrieved 19 September 2021.
  8. ↑ "Meghalaya Cabinet clears amendment to Meghalaya Lokayukta Act". thenortheasttoday.com. 5 March 2021. Retrieved 19 September 2021.
  9. 1 2 3 "Govt seeks advice on Lokayukta order". telegraphindia.com. 16 January 2020. Retrieved 20 September 2021.
  10. 1 2 3 "Meghalaya | Khliehriat Case: Lokayukta refuses to recall order, asks Govt not to interfere". thenortheasttoday.com. 31 January 2020. Retrieved 20 September 2021.
  11. 1 2 "First chairperson of Meghalaya Lokayukta sworn in". Business Standard India. 6 November 2018. Retrieved 20 September 2021.
  12. ↑ "Meghalaya Lokayukta asks govt officials to declare assets". The Hindu. 12 November 2019. Retrieved 19 September 2021.
  13. ↑ "Meghalaya Lokayukta for CBI probe into coal scam". The Shillong Times. 18 March 2021. Retrieved 20 September 2021.
  14. ↑ "meghalaya lokayukta issues notices-to-cs-others-on-illegal mining transportation of coal". uniindia.com. 9 February 2021. Retrieved 20 September 2021.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.