New Delhi: An NGO today moved a fresh plea in the Supreme Court seeking a stay on the entire selection process for appointment of chairperson and members of the Lokpal, saying that government was going ahead with it despite the apex court being seized of the issue.
"It is submitted that the latest move by the Government to proceed with the appointment of the Chairperson and members of the Lokpal, even while this Court is seized of the issue of the validity of the Rules framed under the Lokpal Act, is not only highly improper but also illegal and arbitrary," the application said.
The NGO filed the fresh plea following apex court`s oral observation during an hearing earlier in which the bench had said if it comes across any such development(by the government so far as the selection of Lokpal and its members was concerned), it would be at liberty to approach this court for interim directions.
In its application, NGO Common Cause said it has come to know that on April 11, the Prime Minister had asked all the members of the Lokpal Selection Committee to inform about their availability so that a meeting of the panel could be held.
The application also said the government was going ahead with the selection process in spite of "serious flaws" in the rules of selection and sought to declare "illegal" the rules under which selections are being done.
The petitioner further submitted that "despite the fact that the Rules under which the Chairperson and Members of Lokpal are to be appointed are under challenge in the present writ petition and that this Court has already issued notice and fixed May 5 as the next date of hearing, the Government is pushing ahead with the process of appointment of the Chairperson and Members of the Lokpal."
Earlier on April 1, a bench of justices R M Lodha and Kurian Joseph had sought response from the Centre asking it to justify within four weeks the Search Committee (Constitution, Terms and Conditions of appointment of members and manner of selection of Panel of names for appointment of Chairperson and Members of Lokpal) Rules, 2014, framed under the Lokpal and Lokayuktas Act, 2014.
The NGO filed the fresh plea in the matter pending before the apex court in which it had questioned the entire selection process for appointment of chairperson and members of the Lokpal.
The PIL has sought a declaration that certain provisions of the rules are ultra vires of the Lokpal and Lokayuktas Act and also sought quashing of the entire selection process initiated under the rules alleging that it is "illegal, arbitrary" and violative of Article 14 of the Constitution.
"Justice K T Thomas and Fali Nariman, who were offered the post of the chairman and member of the Search Committee respectively, have already declined to accept the offers on these very grounds," the petition has said.
"Therefore, if the selection process of the Lokpal is not stayed during the pendency of the present writ petition, it would be rendered infructuous and public interest would suffer," it has said.
