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

In this case, ex-IPS officer Amitabh Thakur filed a writ petition challenging certain provisions of the Uttar Pradesh Lokayukta and Up-Lokayuktas Act, 1975. The challenge is to the clause that excludes the Chief Minister from the definition of “public servant” under Section 2(g) of the Act. Thakur argues that this exclusion is arbitrary, improper, senseless, and dangerous because it shields the Chief Minister from allegations of abuse of position, favouritism, or causing harm. The Court held this plea as maintainable, issued notice to the Advocate General, and is going to examine the constitutional validity of that exemption. Thakur also challenged the proviso to Section 5 of the Act, which allows a Lokayukta or Up-Lokayukta to continue in office beyond term until successor takes charge. He argued this was unconstitutional. The state responded citing Mohd. Saeed Siddiqui v. State of Uttar Pradesh (2014), where extension was upheld, but the Court clarified that was not challenge to the amended provision and hence does not bind this case. A second writ-petition by Thakur, seeking quo warranto against current Lokayukta and Up-Lokayuktas and mandamus to appoint successors, was dismissed: amendments operate prospectively, incumbents are unaffected; and no legal right arises to force immediate new appointment.