Lucknow, September 15- In a hearing that stretched through the afternoon, the Allahabad High Court’s Lucknow Bench entertained a constitutional challenge to key provisions of the Uttar Pradesh Lokayukta law but refused to unseat the current anti-graft ombudsman. Petitioners Amitabh Thakur and Nutan Thakur had knocked on the court’s door seeking sweeping changes to how the state’s Lokayukta is appointed and retained.
Background
The dispute centers on the Uttar Pradesh Lokayukta and Up-Lokayuktas Act, 1975. Over the years, amendments allowed the Lokayukta- an anti-corruption watchdog- to stay in office beyond a fixed term until a successor takes charge. The petitioners argued this loophole effectively grants indefinite extensions. They also objected to the Chief Minister’s role in the selection panel.
Read also:- Bombay High Court Halts Slum Tag on Private Malad Plot, Questions SRA Over Dubious Notice
In one petition (Writ-C 9022/2025), the couple asked the court to strike down the words “Chief Minister” in the appointment clause and to scrap the rule letting the Lokayukta remain until a replacement is named. A second petition (Writ-C 9055/2025) sought immediate removal of the sitting Lokayukta Justice Sanjay Mishra and two Up-Lokayuktas.
Court’s Observations
A two-judge bench of Justice Sangeeta Chandra and Justice Brij Raj Singh heard a battery of lawyers for the state and respondents. State counsel Rajesh Tiwari cited a 2014 Supreme Court ruling-Mohd. Saeed Siddiqui v. State of UP- which upheld similar provisions.
Read also:- Rajasthan High Court Restores GST Appeal, Rules Delay Was Justified Due to Consultant Login Access Dispute
But the bench was unconvinced that the old verdict shut the door completely. “This challenge attacks the amended provision itself, which is a different question,” the judges noted while issuing notice to the Advocate General.
The court also took stock of a 2024 amendment capping tenure at five years or age seventy, whichever comes first. That change, however, applies only prospectively and does not affect current office holders.
Decision
In its short order, the bench split the petitions. It dismissed Writ-C 9055/2025 outright, stating there was “no subsisting legal right” to force the Lokayukta or Up-Lokayuktas out before their term ends. However, it admitted Writ-C 9022/2025, keeping alive the larger constitutional question on whether allowing a Lokayukta to stay until a successor arrives is valid.
Read also:- Gujarat High Court Dismisses Yusuf Pathan’s Plea Over Vadodara Plot, Calls Occupation Unlawful Encroachment
“The issues raised deserve examination,” the judges said, scheduling the matter after serving notice to the state’s top law officer. For now, Justice Mishra and his deputies remain in office while the constitutional debate continues.
Case Title: Challenge to UP Lokayukta Tenure & Removal of Current Office Holders
Case Numbers: Writ-C No. 9022 of 2025 & Writ-C No. 9055 of 2025
Petitioners: Amitabh Thakur and Nutan Thakur
Respondents: State of Uttar Pradesh and others, including Lokayukta Justice Sanjay Mishra
