Read Time: 04 minutes

Synopsis

The Delhi High Court on Thursday disposed of a plea seeking direction to the Delhi Government to appoint the Lokayukta after it was informed that the appointment has been made.

A bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad disposed of the Public Interest Litigation plea filed by Advocate Ashwini Upadhyay which stated that the Aam Aadmi Party had not only promised an independent and effective Lokayukta in the 2020 Assembly Election Manifesto but also in 2015 and 2013 Assembly Election Manifesto, yet no appointment has been made till date.

Today, the counsel appearing for the Delhi Government informed the bench that the matter has become infructuous as the appointment has already been made.

However, Upadhyay submitted that it is very unfortunate that a PIL had to be filed for the appointment of Lokayukta.

It was submitted through the PIL that after Justice Reva Khetrapal retired as Delhi Lokayukta on December 15, 2020, the Government did nothing to fill the post to date and hundreds of complaints relating to corruption were pending in the office.

The plea alleged that Delhi is governed by Aam Aadmi Party, which was formed after the historic Anna Movement, seeking Lokpal at the Centre, Lokayukta in State, and Citizen Charter in every department but it did not amend Lokayukta Act in the spirit of Lokpal and Lokayukta Act 2013 and is still using outdated ineffective 1995 Act.

It was argued that the fulcrum of democracy is the fair electoral process. "If the integrity of electoral process is compromised then the notion of representation becomes vacuous. Political parties are promising irrational freebies but not fulfilling essential promises," the plea stated.

In view of the above, the plea had requested the Court to analyse whether political parties are really concerned about governance or do they cynically participate in the evisceration of the democratic electoral political process, which is a moot point.

Additionally, it was alleged that the Centre and the Election Commission of India have not taken steps to regulate the functioning of political parties and to regulate manifestos.

Case Title: Ashwini Kumar Upadhyay Vs. Union of India & Ors.