LAW FOR ALL

appointment to the post of Lokayukta or Upa Lokayukta - whether the views expressed by the Chief Justice of the High Court of Karnataka has got primacy while making appointment to the post of Lokayukta or Upa Lokayukta by the Governor of Karnataka in exercise of powers conferred on him under Section 3(2)(a) and (b) of the Karnataka Lokayukta Act, 1984 (for short ‘the Act’).- The doctrine of ‘prospective overruling’ = Merely because a wrong has been committed several times in the past does not mean that it should be allowed to persist, otherwise it will never be corrected. The doctrine of ‘prospective overruling’ has no application since there is no overwhelming reason to save the appointment of the Upa-lokayukta from attack. As already held, in the absence of any consultation with the Chief Justice, the appointment of Justice Chandrashekharaiah as an Upa-lokayukta is void ab initio. However, this will not affect any other appointment already made since no such appointment is under challenge before us. 82. It was also contended that the High Court ought not to have laid down any procedure for the appointment of the Upa-lokayukta. In the view that I have taken, it is not necessary to comment on the procedure proposed by the High Court. Conclusion: 83. The appointment of Justice Chandrashekharaiah as the Upa-lokayukta is held void ab initio. Since some of the contentions urged by the appellants are accepted, the appeals are partly allowed to that extent only.