Thiruvananthapuram: The Communist Party of India (CPI) has hit out at the Kerala government for enacting the Lokayukta ordinance just ahead of the Budget Session of the Legislative Assembly.
The CPI is not convinced though the governor might have signed the ordinance after being convinced of the amendments, CPI Kerala State Secretary Kanam Rajendran stated.
He denied news reports that the CPI had held discussions with the CPM on the issue.
To a question on whether there would be any possibility of holding further discussions, Kanam retorted by asking what is the point in putting the horse behind the vehicle.
"The CPI is still opposing the amendment. The question is what is the urgency behind promulgating an ordinance. The LDF can move forward only by reaching political consensus through discussions. Now, everyone will have an opportunity to express dissent at the time of presentation of the Bill replacing the ordinance in the Assembly. I will not say what had transpired at the Cabinet meeting. I am not a Cabinet minister."
LDF's response
Meanwhile, Left Democratic Front (LDF) convenor A Vijayaraghavan refused to react to the statement of Kanam Rajendran. He said the LDF's stand was to discuss every issue.
The governor had done his duty by signing the ordinance. The Opposition's attempts to torpedo ordinance were ridiculous, Vijayaraghavan added.
Governor took a fortnight to give assent
The ordinance, which was approved by the state Cabinet on January 19, was sent to the governor for his assent on January 22. But since the issue became controversial, the governor sat on the file and refused to give approval during the last two weeks.
Now, govt to convene assembly
Now that the ordinance was given assent, the government has no hurdle before it in calling the Budget Session of the state Assembly.
Wednesday's Cabinet meeting may decide on the convening of the Assembly session.
The ordinance would not have come into effect had the government decided to convene the Assembly session before the governor affixing signature on it.
The Opposition had criticised that the governor and the chief minister had disrespected the Assembly.
The ordinance was notified in the gazette by Monday evening.
The ordinance envisages that even if the Lokayukta finds that a person occupying governmental power is not fit to continue in their post due to indulgence in corruption, the authorities concerned can conduct a hearing within three months and then either reject or accept the Lokayukta verdict.
As per the Lokayukta Act, the verdict of Lokayukta in corruption cases has to be handed over to the governor or the chief minister or the state government. According to the 14th Section of the Lokayukta Act passed in 1999, the authorities must accept the verdict of the Lokayukta and remove the corrupt person from the seat of power.
This particular clause, which was included in the Act after extensive discussion held in the Assembly in 1999 during the time of the erstwhile EK Nayanar Ministry, has been now removed from the Act by another LDF government through an ordinance.
The provision stipulating that only retired Supreme Court Judge or former Chief Justice of a High Court should be appointed as Lokayukta ceased to exist as per the new amendment. Now, even a retired High Court judge can be appointed as Lokayukta.
The opposition United Democratic Front had earlier demanded that the new ordinance amending the Act must be signed by the Indian President since the 1999 Act was signed by the same authority.