THIRUVANANTHAPURAM: Minister P Rajeev on Sunday said that it is not the court that should disqualify the people's representative. The minister was replying to opposition leader VD Satheesan at a press conference on the Lokayukta ordinance controversy. The law minister explained that it is not the court that should disqualify the people's representative and that there is a high court order in this regard. "The court ruled that the governor should take action. The ordinance was passed because the legislature is not being convened soon. It is a decision taken by the cabinet", P Rajeev said.

"Opposition leader VD Satheesan's stance is not in line with the Constitution or the Lokayukta Act. Sections 14,12 are interrelated. High Court judgments do not refer only to Section 12. The Leader of the Opposition has not read the entire verdict. The Lokayukta is a quasi-judicial system. The lack of power to appeal is unconstitutional", he added.

The government is amending Section 14 of the Lokayukta Act to remove a public servant from office if he or she is found guilty of corruption. According to the new amendment, Lokayukta's order can be rejected after a hearing within three months. In case of a case against the Chief Minister, the Governor and in case of a case against the Ministers, the Chief Minister can take a decision. Public servants themselves can overrule an order coming through judicial proceedings in a complaint against a public servant.

However, the Opposition contended that the High Court had questioned Section 12 of the Lokayukta Act and not against Section 14.