The Ombudsman for Local Self Government Institutions cannot entertain complaints unless they allege corruption or maladministration against the Secretary; otherwise, the complaint is not maintainable.

JUDGMENT :

(MURALI PURUSHOTHAMAN, J.)

The petitioner is a permanent resident of Alappad Grama Panchayat. According to him, certain rooms of the Panchayat Shopping Complex auctioned to respondents 4 to 13 have been subleased by them to others contrary to Clause 23 of Ext. P1 bye- laws. The petitioner, therefore, approached the 1^st respondent, the Ombudsman for Local Self Government Institutions('Ombudsman' for short) and the Ombudsman, by Ext.P5 order, closed the complaint preferred by the petitioner based on the statement filed by the Secretary of the Panchayat that there is no sublease of the rooms by respondents 4 to 13. The Ombudsman also recorded the submission of the Secretary that in case there is any sublease by respondents 4 to 13, contrary to the bye-laws, appropriate action would be taken. According to the petitioner, the Ombudsman without considering the contentions of the petitioner, blindly accepted the version of the Secretary and closed the complaint and thereby permitted respondents 4 to 13 to conduct business in the shop rooms of the Panchayat through benamis in violation of Clause 23 of Ext. P1 bye-laws. This writ petition is therefore filed to quash Ext.P5 order of the Ombudsman and to direct the Secretary of the Panchayat to initiate proceedings against the respondents 4 to 13 for subleasing shop rooms contrary to Clause 23 of Ext. P1 bye-laws.

2. Heard the learned counsel for the petitioner, learned Standing Counsel for the Panchayat and the learned Senior Government Pleader for the 3^rd respondent. In the nature of the order I propose to pass, notice to respondents 1 and 4 to 13 is dispensed with.

3. As per Clause 23 of Ext.P1 bye-laws, the shop rooms in the shopping complex of the Panchayat taken on auction shall not be transferred or subleased by the auctioneer and in case of breach, the Secretary has to cancel the license and direct the occupier to vacate the premises. The contention of the petitioner is that, contrary to the said clause, the respondents 4 to 13, the auctioneers have subleased their respective shop rooms, and the Secretary has failed to take any action.

4. The Ombudsman for Local Self Government Institutions has been constituted under Chapter XXV B of the Kerala Panchayat Raj Act, 1994 (KPR Act) for Local Self Government Institutions (LSGIs) at the State level for conducting investigations and enquiries in respect of any action involving corruption or maladministration or irregularities in the discharge of administrative functions by LSGIs or by an employee or an officer working in any office or institution transferred to such LSGIs or by elected member of the LSGI including its president or chairperson and for the disposal of such complaints in accordance with the provisions of the KPR Act. Section 271F (1)(b) of the KPR Act defines 'allegation' and 271F(1)(c) defines 'complaint' and 271F(1)(g) defines 'public servant'. Section 271J deals with the functions of the Ombudsman and 271K deals with the powers of the Ombudsman. Section 271M deals with 'investigation' into complaints. Having regard to the object and scheme of the provisions under Chapter XXV B of the KPR Act, the Ombudsman is constituted to enquire or investigate into allegations contained in complaints of corruption or maladministration or irregularities in the discharge of administrative functions by employees or elected members of the LSGIs. The petitioner has not produced the copy of the complaint filed before the Ombudsman. From the averments in the writ petition and Ext.P5 order of the Ombudsman, it is seen that the petitioner has approached the ombudsman to take action against the respondents 4 to 13 for having subleased the shop rooms and not alleging irregularity, corruption or maladministration against the Secretary of the Panchayat. Going by the nature of the complaint, I am of the view that the complaint of the petitioner before the Ombudsman is not maintainable and no purpose will be served by setting aside Ext. P5 or