Lokayukta

Lokayukta

1. (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 Lokayukta.
2. (2) The Lokayukta shall be appointed by the Governor after consultation with the Chief Justice of the High Court of Gujarat and the Leader of the Opposition in the Legislative Assembly, or if there be no such Leader, a person elected in this behalf by the members of the Opposition in the Legislative Assembly in such manner as the Speaker of the Legislative Assembly may direct.
3. (3) A person shall be qualified to be appointed as a Lokayukta if he is or has been a Judge of the Supreme Court or a Chief Justice of a High Court.
4. (4) A person appointed as a Lokayukta shall, before entering upon his office, make and subscribe before the Governor, or some person appointed in that behalf by him, an oath or affirmation in the form set out in the First Schedule.
5. (5) The Lokayukta shall not be a member of Parliament or a member of the Legislature of any State and shall not hold any office of trust or profit (other than his office as the Lokayukta), or be connected with any political party or carry on any business or practise any profession; and accordingly, before he enters upon his office, a person appointed as the Lokayukta shall—
   • (a) if he is a member of Parliament or of the Legislature of any State, resign such membership; or
   • (b) if he holds any office of trust or profit, resign from such office; or
   • (c) if he is connected with any political party, sever his connection with it; or
   • (d) if he is carrying on any business, sever his connection (short of divesting himself of ownership) with the conduct and management of such business; or
   • (e) if he is practising any profession, suspend practice.