https://indianmasterminds.com

ADVERTISEMENT
ADVERTISEMENT

Ex-IPS Officer Files PIL in Allahabad High Court Challenging Chief Minister’s Exemption in UP Lokayukta Act

Amitabh Thakur moves Allahabad High Court, calls Chief Minister’s exclusion and indefinite Lokayukta tenure unconstitutional and violative of Article 14
Scheduled Castes List Case
Indian Masterminds Stories

Lucknow: In a significant move aimed at strengthening accountability in governance, former Indian Police Service (IPS) officer Amitabh Thakur has filed a public interest litigation (PIL) before the Allahabad High Court’s Lucknow Bench, challenging key provisions of the Uttar Pradesh Lokayukta and Up-Lokayuktas Act, 1975. The PIL seeks to declare two specific clauses as unconstitutional and violative of the right to equality under Article 14 of the Indian Constitution.

Two Provisions Under Challenge

The petition, filed under Article 226 of the Constitution, targets:

  • Section 2(g) of the Act, which excludes the Chief Minister from the definition of “Minister,” thereby exempting the CM from Lokayukta scrutiny.
  • The proviso to Section 5, inserted via a 2012 amendment, which allows a Lokayukta to continue beyond their five-year term until a successor takes office.

Thakur contends that both provisions are arbitrary, unjustified, and create loopholes for misuse.

Read also: UP Forgery Case: Ex-IPS Amitabh Thakur and Wife Nutan Accused of Misusing Position for Plot Allotment

“No Logic to Exempt the Chief Minister”

At the core of the PIL is the argument that excluding the Chief Minister from the scope of the anti-corruption watchdog undermines the very purpose of the Lokayukta institution. Thakur points out that unlike the Lokpal and Lokayukta Act, 2013, which does not exclude even the Prime Minister, the Uttar Pradesh Act creates an unjustified immunity for the state’s top executive.

“No logic, no sense and no argument can justify such discretion, discrimination and segregation, except the urge to safeguard corruption, illegalities, and maladministration,” the petition argues.

Thakur asserts that it is “preposterous and hilarious” to assume that the Chief Minister is above suspicion. The plea also cites past corruption allegations against both Chief Ministers and Prime Ministers to strengthen its claim.

Lokayukta’s Unlimited Tenure Also Under Fire

The second key issue raised in the PIL concerns the tenure extension clause. While Section 5 of the Act limits a Lokayukta’s term to five years, the proviso allows them to remain in office indefinitely until a successor is appointed.

Thakur calls this clause “completely arbitrary and meaningless,” arguing that Section 5(2) already outlines a proper mechanism to fill vacancies. He alleges that this loophole allows political interference, where officials could remain in office for extended periods depending on the satisfaction of those in power.

Invoking the Supreme Court’s Doctrine of ‘Manifest Arbitrariness’

To support the PIL’s legal foundation, Thakur refers to the Supreme Court’s doctrine of manifest arbitrariness, particularly the landmark verdict in Shayara Bano v. Union of India, which struck down practices not backed by “reasoned classification.” The petition contends that the CM’s exemption and indefinite tenure provision fail this constitutional test.

Personal Stake and Previous Experience

Thakur, known for his public activism and prior service in the police force, mentions that several of his complaints filed under the UP Lokayukta Act were dismissed in a contentious and arbitrary manner. He claims that this experience further highlights the flaws in the system and the dangers of unchecked power.

Respondents and Next Steps

The PIL names the State of Uttar Pradesh, through the Principal Secretaries of the Legislative and Vigilance Departments, as respondents. The matter is expected to come up for preliminary hearing in the coming weeks.

If the court finds merit in the PIL, it could potentially reshape anti-corruption oversight in the state, bringing the Chief Minister’s office under scrutiny and tightening tenure rules for the Lokayukta.

Read also: Ex-IPS Officer Amitabh Thakur Challenges Election Commissioners’ Immunity Under 2023 Act in Allahabad High Court


Indian Masterminds Stories
ADVERTISEMENT
ADVERTISEMENT
Related Stories
ADVERTISEMENT
ADVERTISEMENT
NEWS
satellite cities Bihar,
Bihar Joins Urban Challenge Fund Mission, to Receive ₹2,900 Crore for Sustainable Urban Infrastructure Development
Manoj Sethi Tenure Extension
DoNER Secretary Post Given Additional Charge to Nivedita Shukla Verma; IRS Officer Gurkaran Singh Bains Gets 3-Year Foreign Assignment
Navi Mumbai Fake IAS Officer Case
Major Bureaucratic Boost: 17 Gujarat State Officers Inducted into IAS Through Promotion Quota, President Approves Appointments Under Select List 2025
Satpal Sattu Muzaffarnagar
Zero Tolerance Against Crime: Interstate Kidnapper Linked to Chhota Rajan Gang Dies After Encounter with Muzaffarnagar Police
AIC UPGB Bancassurance Tie-Up
AIC and UP Gramin Bank Sign Bancassurance Tie-Up to Expand Rural Insurance Access in Uttar Pradesh
nlc
NLC India Renewables Signs JV with OREDA to Develop 1000 MW Green Energy Projects in Odisha
President Murmu MES Officer Trainees Meeting
President Murmu Tells MES Officer Trainees to Build a Strong, Green and Self-Reliant India
hemant cm
Jharkhand CM Hemant Soren Pushes GIS-Based Smart Urban System for Transparent, Data-Driven City Governance
ADVERTISEMENT
ADVERTISEMENT
Videos
Appearances Are Often Deceptive, says The Suspect, An IRS Officer’s Film
Appearances Are Often Deceptive, says The Suspect, An IRS Officer’s Film
Shriram Tiwari
Jal Ganga Samvardhan Abhiyan: How Madhya Pradesh Is Turning Water Conservation into a People's Movement
Madhukar bhagat IRS
From Buddha to Bollywood:How India Preserved Its Soul Through Centuries of Change
ADVERTISEMENT
UPSC Stories
somya jain
The ‘One Extra Mark’ Formula That Helped Somya Jain Secure AIR 346 in UPSC 2025
From a small town in Madhya Pradesh to UPSC CSE 2025 AIR 346, Somya Jain’s self-study journey is a story...
Aman Ayushkar UPSC IFS 2025 AIR 17
He Oversaw a Strategic Kailash Mansarovar Road Project; Now He’s AIR 27 in UPSC IFS 2025
When the results of the UPSC Indian Forest Service Examination 2025 were announced, one name that stood...
priyasha
Priyasha Verma: The IIT Engineer Who Refused to Stop Until UPSC Said Yes
From Lucknow to AIR 324, Priyasha Verma’s UPSC journey is a story of repeated near-misses, smart preparation,...
CSR NEWS
NMDC
NMDC Distributes 1,613 Fruit Saplings in Chhattisgarh Under CSR Drive to Boost Rural Livelihoods
Company promotes sustainable farming, nutrition, and green cover in Nerli and Bade Bacheli through mango,...
rec
RECPDCL Extends ₹1.25 Crore CSR Support to Kargil to Boost Education, Healthcare and Water Infrastructure
School bus flagged off in Ladakh initiative aims to improve safe access to education and benefit nearly...
MCL
MCL Signs ₹17 Lakh CSR MoU for Battery-Operated Patient Transport Vehicles in Odisha, Boosts Rural Healthcare Access
Mahanadi Coalfields Limited will deploy three eco-friendly vehicles to improve maternal and child healthcare...
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
Latest
satellite cities Bihar,
Bihar Joins Urban Challenge Fund Mission, to Receive ₹2,900 Crore for Sustainable Urban Infrastructure Development
Manoj Sethi Tenure Extension
DoNER Secretary Post Given Additional Charge to Nivedita Shukla Verma; IRS Officer Gurkaran Singh Bains Gets 3-Year Foreign Assignment
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
Videos
Appearances Are Often Deceptive, says The Suspect, An IRS Officer’s Film
Shriram Tiwari
Madhukar bhagat IRS
ADVERTISEMENT
ADVERTISEMENT