The duty to consult is integrated with the exercise of the power to appoint Lokpal, and it can only be done in consultation with the Chief Justice and the Leader of the Opposition.

R. K. PATRA, J.

( 1 ) THIS petition made under Articles 226 and 227 of the Constitution of India is by way of public interest litigation. The petitioner who claims to be the Editor of a daily newspaper 'bartamana Samachar' seeks to assail the validity of notification dated 25-11-1996 (Annexure-4) of the Government of Orissa in the department of Public Grievances and Pension Administration appointing Justice K. P. Mohapatra (retired) opposite party No. 4 as Lokpal, Orissa.

( 2 ) SHRI Misra, learned counsel for the petitioner, has made a two-pronged salvo to the appointment of Lokpal which are as follows : (I) Under Section 3 (1) of the Orissa Lokpal and Lokayuktas Act, 1995 (hereinafter referred to as 'the Act') it is the Governor who is to appoint the Lokpal after following the due procedure laid down for the purpose, but in the instant case, it was the Chief Minister who initiated the process ultimately leading to the issuance of the impugned notification. Therefore, there was clear breach of the statutory requirement. (ii) The appointment of opposite party No. 4 as Lokpal is vitiated because of non-fulfilment of the requirements of the proviso to Section 3 of the Act in the matter of consultation.

( 3 ) SHRI G. Rath, learned Senior counsel appearing for opposite party No. 4, submitted that in our constitutional set-up, the Governor has to act on the aid and advice of the Council of Ministers and, as such, the Chief Minister rightly initiated the process and after obtaining orders from the Governor, the imupgned notification was made. Regarding consultation with the consultants, i. e. , the Chief Justice and the Leader of Opposition, he submitted that there was due compliance of the provision of law. Shri J. M. Mohanty, learned counsel appearing for the opposite party No. 3 who at the relevant time the Leader of Opposition supported the case of the petitioner.

( 4 ) BEFORE examining the rival contentions, it would be profitable to look at the provision dealing with the appointment of Lokpal under the Act. The relevant provision is Section 3 (1) (a) which is extracted hereunder :"3. Appointment of Lokpal and Lokayuktas : (1) For the purpose of conducting investigations in accordance with the provisions of this Act, the Governor shall appoint a person to be known as the Lokpal and one or more persons to be known as the Lokayukta or Lokayuktas : provided that- (a) the Lokpal shall be appointed after consultation with the Chief Justice of the High Court of Orissa and the Leader of the Opposition, if there is any;. . . . . . . . . . . . . . . . . . . . . . . . "from bare perusal of the aforesaid provision, it is evident that before the Governor appoints a person as Lokpal, he is to consult the Chief Justice of the High Court of Orissa and the Leader of the Opposition.

( 5 ) CONTENTION No. (1) :or constitution envisages a Parliamentary system of Government both at the Union and Stae levels. The President is the Constitutional or formal head of the Executive at the Union and the Governor is the Constitutional or formal head of the Executive at the State level. We need not deal with the Constitutional provisions dealing with the powers and functions of the President as they are not relevant for our purpose. The Governor exercises his powers and functions conferred on him by or under the Constitution on the aid and advice of his Council of Ministers except in areas where the Governor is required by or under the Constitution to exercise his functions in his discretion. Wherever the Constitution requires the satisfaction of the Governor for the exercise of any power or function, the satisfaction required by the Constitution is not his personal satisfaction but the satisfaction of his Council of Ministers on whose aid and advice he exercises all his powers and functions, except int he tiny strips covered by Articles 163 (2), 371 (2), 371a (1) (b), 371c, 371f (g) and reporting to the President under Article 356 (1) and reserving a bi