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Judgment
5 paragraphs · 314 wordsA. J. Desai, C. J.
By way of the present petition, the writ petitioner has prayed to recall / review the judgment dated 01.08.2023 in W. P. (C) No. 17083 of 2023 by which this Court dismissed the writ petition challenging the order dated 31.03.2023 of the Kerala Lok Ayukta, by which the Bench consisting of Lok Ayukta and Upa Lok Ayukta differed on the basic issue as to whether the action of respondents 2 to 18, who are the Chief Minister and Ministers of Government of Kerala, in taking decision of Council of Ministers to the Cabinet, can be subject to investigation under the provisions of the Kerala Lok Ayukta Act, 1999, and ordered the Bench of three members, i.e., the Lok Ayukta and two Upa Lok Ayuktas to be constituted.
The argument with regard to the majority view was also advanced at the time of hearing the writ petition and appropriate observations have also been made in paragraph 8 of the judgment. Paragraph 8 of the judgment which is sought to be reviewed reads as follows:-
“8. We are of the considered opinion that when the issue was initially decided, it was only with regard to the maintainability of the complaint. However, subsequent to investigation, some difference of opinion arose between the Lok Ayukta and the Upa Lok Ayukta and therefore, the only option is to decide the issue by the bench of three members and as per the above said provisions, the decision of the majority shall prevail. We also find that the decision relied upon by the petitioner is not applicable in the facts of the present case.”
In such circumstances, we do not find any substance in the review application and the same is rejected. However, it is made clear that it would be open for the parties to raise all legal contentions before the Lok Ayukta.