A Division Bench of the Kerala High Court on Wednesday rejected a petition seeking to review its verdict dismissing a plea challenging the Lok Ayukta order constituting a three member bench to consider the question whether a complaint alleging nepotism and corruption in the previous LDF government’s decision to grant financial aid from the Chief Minister’s Distress Relief Fund (CMDRF) was maintainable or not. The Bench comprising Chief Justice A.J. Desai and Justice V.G. Arun , however, made it clear that it would be open for the parties to raise all legal contentions before the Lok Ayukta. The review petition was filed by R.S.Sasikumar.
Dismissing his earlier petition, the Bench had observed that when the issue was initially decided, it was only with regard to the maintainability of the complaint.
However, subsequent to investigation, some difference of opinion arose between the Lok Ayukta and the Upa Lok Ayukta as to whether action of the Chief Minister and the Ministers in the previous LDF government in granting financial aid from the CMDRC can be subject to investigation under the provisions of the Kerala Lok Ayukta Act, 1999 and therefore, the only option was to decide the issue by the bench of three members. The petitioner had contended that by an order passed in 2019, the complaint filed by him before the Lok Ayukta was found to be maintainable and therefore, the bench ought not to have referred the matter to the bench of three members. The Lok Ayukta could have referred the matter to the third member, and should not have constituted the bench of three members.
