Judgment

SHAH, J.

( 1 ) LEAVE granted.

( 2 ) SHORT question involved in this appeal is - what is the requirement and what meaning could be assigned to consultation as contemplated under Section 3 (1)of the Orissa Lokpal and Lokayuktas Act, 1995 (hereinafter referred to as the Act)? Proviso (a) to Section 3 (1) of the Act prescribes that the Government shall appoint Lokpal after consultation with the Chief Justice of the High Court of Orissa and the Leader of the Opposition, if there is any.

( 3 ) IN a Public Interest Litigation filed under Articles 226 and 227 of Constitution of India in Original Jurisdiction Case No. 14728 of 1996, by judgment and order dated 21-9-2001, the High Court of Orissa set aside the appointment of appellant as Lokpal on the ground that there was no effective consultation with the Leader of the Opposition.

( 4 ) BEFORE dealing with the contentions raised, we would first refer to the brief facts of the present case. Appellant retired Judge of the High Court of Orissa was appointed as the Lokpal by the Governor of Orissa by issuing Notification dated 26-11-1996. Before that, as provided under Section 3 (1) of the Act, the Chief Minister of Orissa wrote a lett