The Kerala High Court on Tuesday (31 March) upheld the amendments made to the Kerala Lok Ayukta Act in 2024.
The Division Bench comprising Chief Justice Soumen Sen and Justice Syam Kumar V.M delivered the judgment.
"We have upheld the constitutionality of the amendments ...but we have said that having regard to Section 12, the provision which has been amended, should be read as deemed acceptance if it is not considered within 90 days..." the Court orally said.
The Court delivered the judgment in a batch of writ petitions challenging the amendment of Kerala Lokayukta Act 1999, including the amendment to Section 14. One of the petition was filed by Ramesh Chennithala, MLA from the Congress Party.
The amendment to Section 14 of the Act says that if the Lokayukta is satisfied on the complaint against the public servant being substantiated that he should not continue to hold the post held by him, he shall make a declaration to that effect in his report to the competent authority who shall accept it and act upon it.
It was argued that this amendment is a direct interference over the powers of the forum and hence unconstitutional.
(A detailed judgment is awaited)
Case Title: N. Prakash v State of Kerala and Connected case
Case No: WP(C) 11107/ 2024 and WP(C) 18749/ 2024
Citation: 2026 LiveLaw (Ker) 179
Counsel for Petitioners: George Poonthottam (Sr.), Nisha George, A.L. Navaneet Krishnan, Ann Maria Francis, Reginald Valsala, Anshin K.K, Namitha Philson, Kavya Varma M.M, Sidharth R. Wariyar
Counsel for Respondents: K. Gopalakrishna Kurup (AG), V. Manu