Belagavi, Jul 3 (DHNS): Opposition members in the Legislative Council on Thursday submitted a memorandum to the Chairman, D H Shankaramurthy, urging him to allow a motion to remove Justice Bhaskar Rao from the post of Lokayukta.

A total of 33 BJP and JD(S) MLCs, including Leader of Opposition K S Eshwarappa, signed the memorandum, which stated that “incapacity and misbehavior is visible prima facie in the case of corruption charges related to the Lokayukta.”

They sought permission of the chair to move a motion to remove the Lokayukta, in the method mentioned in Section 6 of the Karnataka Lokayukta Act 1984. A similar letter signing spree has also commenced among the Opposition members in the Legislative Assembly. By evening, as many as 54 members had signed the memorandum, which the Opposition members plan to submit to Speaker Kagodu Thimmappa, either on Friday or Monday.

The memorandum states that media reports point out to misuse of the office by Lokayukta Rao and his son Ashwin. The report also points out to crores for rupees exchanging hands. A probe initiated by Upa Lokayukta Subhash Adi into the issue had been stuck down by the Lokayukta.

Speaking to reporters, Leader of the Opposition in the Council K S Eshwarappa said, “Developments in this case have shown that Lokayukta institution has become weak. The Lokayukta did not take precautions to check corruption in the institution and he wanted a probe by an agency of his choice into the charges against his son. Such behaviour has raised doubts about his style of functioning.”

Eshwarappa charged that the government was behaving protecting the corrupt. The lobbies of the two houses of Legislature was a beehive of activity with BJP and JD(S) members holding discussions on their next step of action. Leader of the Opposition in the Assembly Jagadish Shettar said Justice Rao should have owned moral responsibility and submitted his resignation. JD(S) floor leader H D Kumaraswamy said the Lokayukta issue will be raised on the floor of the Assembly on Monday and the JD(S) and BJP would launch a united fight.

Legislature secretariat sources, besides the provision of Section 6 of the Lokayukta Act, provisions of the Judges (Inquiry) Act, 1968, in relation to the removal of a judge will have to be followed for removing the Lokayukta. Sources said at least 50 members have to sign the memorandum for removal of the Lokayukta.

Justice Bhaskar Rao was a appointed as the Lokayukta in 2013 when Jagadish Shettar was the chief minister. Rao was a replacement to Justice Shivaraj Patil. He resigned, owning moral responsibility after the media reported that his wife owned a ‘G’ category site allotted by the BDA, but had not declared it while assuming office.

2/3rd of 300 legislators must vote to remove him

Bengaluru, Jul 3 (DHNS): According to the Karnataka Lokayukta Act, 1984, the anti-corruption watchdog can be removed only through an impeachment motion in the State Legislature supported by an absolute majority of the House and a majority of not less than two-thirds of the members present and voting.

Section 6 of the Act provides the procedure for the removal of the Lokayukta. According to former Lokayukta Justice Santhosh Hegde, in a bicameral legislature, like the one in Karnataka, a joint session of the Assembly and the Council will have to be convened for the impeachment motion.

However, the numbers are not in favour of the Opposition as two-thirds majority is required for the motion to go through. The combined strength of the two Houses – the Legislative Assembly and the Council – is 300. And, of these, 200 members have to vote in favour of the motion. The combined strength of the ruling Congress is 151 (123 in the Assembly and 28 in the Council), while the total strength of the Opposition, the BJP and the JD (S), adds up in the two Houses to 147, including smaller Opposition parties.

Another tough part is that there should be “grounds of proved misbehaviour or incapacity” of the Lokayukta before the motion is taken up.

Justice Hegde pointed out that there were no instances of a retired or sitting judge of the High Court or the Supreme Court being impeached and removed.

The closest one was the case of former Supreme Court judge, V Ramaswami, against whom impeachment proceedings were taken up in parliament in 1993. However, the motion failed, as the Congress members abstained from voting.The motion, which required not less than two-thirds majority of the total number of members present in both Houses of parliament and an absolute majority of its total membership, failed to pass.