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2021 Supreme(Ker) 459

P.B.SURESH KUMAR, K.BABU
K. T. Jaleel S/o Kunjahamed Haji – Appellant
Versus
V. K. Muhammed Shafi S/o Hassan – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Sri. P.C. Sasidharan, Sri. Akshay Venu.
For the Respondents: Sri. George Poonthottam, Sri. S. Kabeer, Sri. P.E. Sajal, Sri. K.V. Sohan, Sri. P. Narayanan, Sri. V. Manu, Sri. Suman Chakravarthy.

JUDGMENT :

P.B. SURESH KUMAR, J.

1. Ext.P8 report submitted by the Kerala Lok Ayukta to the Chief Minister of the State under Section 12(3) of the Kerala Lok Ayukta Act, 1999 (the Act) in a complaint lodged by the first respondent against the petitioner and others, is under challenge in this proceedings under Article 226 of the Constitution.

2. The relevant facts are the following:

    The petitioner was elected to the Kerala Legislative Assembly in the election held on 16.05.2016 and has been a member of the Council of Ministers of the State since 25.05.2016. The case of the first respondent in the complaint is that the petitioner has violated the oath of office by abusing his position as a Minister and indulging in favouritism and nepotism in appointing the fifth respondent as the General Manager of the Kerala State Minorities Development Finance Corporation (the Corporation). The prayer in the complaint was therefore, for an investigation into the matter and to submit a report to the competent authority with its recommendations as provided for under Section 12(3) of the Act. There w

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