The Kerala High Court on Wednesday stayed the Lok Ayukta order directing a probe into the allegations of corruption levelled against the Communist Party of India (CPI) State party leaders, including its State unit secretary Pannian Ravindran, in connection with the fielding of Bennet Abraham as the party candidate in the Thiruvananthapuram Lok Sabha constituency.
Justice A. Muhamed Mustaque issued the stay order on a writ petition filed by Mr. Ravindran challenging the Lok Ayukta order. Mr. Ravindran said the Kerala Lok Ayukta Act, 1999, did not empower the Lok Ayukta to inquire into the inner party affairs of a political party. The objectives of the Act were to inquire into the actions taken by the government or public authorities or public servants.
Besides, the party secretary did not come under the definition of a public servant under the Prevention of Corruption Act since he was neither a government employee nor discharging any public duty. That apart, it was absolutely clear that the candidature of Mr. Abraham had been decided by the State council of the CPI. Therefore, the petitioner or other respondents could not legally be made accountable. As per the constitution of the party, the State secretary was one of the members of the secretariat of the party. He could not exercise any independent power.
