Appointment of Lokayukta

(2) (i) The Lokayukta shall be appointed by the Governor in accordance with the recommendation tendered by the Selection Committee consisting of the Chief Minister of Nagaland, the Chief Justice of Guwahati High court, the Speaker of the Legislative Assembly and the Leader of Opposition in the Legislative Assembly of the State. In cases where there is no recognized Leader of Opposition, the consultation shalt be with the Leader of the largest opposition party in the Assembly. In case the Speaker of theLegislalive Assembly is not available for consultation, the consultation shall be with the Deputy Speakcrof the Legislative Assembly. (ii) The Selection Committee shall, for the purpose of selecting the Lokayukta and for preparing a panel of persons to be considered for appointment as such, shall be guided by a Search Committee consisting of the Chief Secretary or the Additional Chief Secretary and the Advocate General of Nagaland. (iii) No appointment-of Lokayukta or a Upa-Lokayukta of the State shall be invalid merely by reason of any absence of any one member entitled to be consulted in terms of Para 2(1) Supra at the time of the meeting convened for consultation. (1) For the purpose of conducting investigations and inquiries in accordance with the provisions of this Act, the Governor shall, by warrant under his hand and seal, appoint a person to be known as the Lokayukta and not exceeding 4 persons to be known as the Upa-Lokayukta. (2) The Lokayukta shall be appointed by the State Government after consultation with the Chief Justice of Gauhati High Court, the Speaker and Leader of Opposition failing which the Leader of the single largest party of the Nagaland Legislative Assembly. (3) The Upa-Lokayukta shall be appointed by the State Government after consultation with the Lokayukta. (4) A person shall not be qualified for appointment as the Lokayukta unless he/she has been a Judge of the Supreme Court or the Chief Justice of a High Court or a Judge of a High Court. (5) A person shall not be qualified for appointment as Upa-Lokayukta unless he or she has been a Judge of a High Court or eligible to be appointed as a Judge of the High Court and the other two Upa-Lokayukta shall be or a person who has held the office of not lower than a Secretary to the Government of Nagaland or a person of impeccable integrity and social standing having special knowledge and expertise of not less than twenty years in the matters relating to anti-corruption policy, public administration vigilance, finance including insurance and banking, law and management. Two members of the Upa-Lokayukta shall comprise of judicial members. (6) Every person appointed as the Lokayukta or Upa-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 for the purpose in the First Schedule. (7) If the office of the Lokayukta becomes vacant, or if the Lokayukta is, by reason of absence or for any other reason whatsoever unable to perform the duties of his/her office, those duties until some other person is appointed under section (1) and enters upon such office or, as the case may be, until the Lokayukta resume his/her duties, shall be performed - (a) Where the office of the Lokayukta becomes vacant or where for any reason aforesaid he is unable to perform the duties of his office, by any one of the judicial members of the Upa-Lokayukta. (b) in the absence of Judicial members, the senior most Upa-Lokayukta shall discharge the responsibilities of the Lokayukta. (8) The Upa-Lokayukta shall, while acting as or discharging the functions of Lokayukta, have all the powers and immunities of the Lokayukta. (9) A vacancy occurring in the office of the Lokayukta or Upa-Lokayukta by reason of his/her death, resignation, retirement or removal shall be filled in as soon as possible, but not later than six months from the date of occurrence of such vacancy.