Plea filed before Supreme Court against Meghalaya High Court decision upholding Lokayukta Act amendments

Former secretary of Garo Hills Autonomous District Council (GHADC), Hewingson Sangma, has moved the Supreme Court challenging a Meghalaya High Court order upholding amendments to the Meghalaya Lokayukta Act. [Hewingson A Sangma vs State of Meghalaya and Ors.].The High Court's order, passed in July 10 this year, rejected Sangma's plea challenging a Lokayukta order directing charge sheets to be filed against him in a case under the Prevention of Corruption Act. It had also challenged the amendment 2021 to the Meghalaya Lokayukta Act. As per the amendment, Lokayukta would be would be considered as validly constituted upon appointment of chairperson alone. Prior to the amendment, it was to be comprised of a chairperson and several other members.The amendment has frustrated the scheme of the Act since the unamended Act provided for certain decisions/ orders to be passed by more than one member of the Lokayukta.According to Sangma, the amendment was completely arbitrary and violative of Articles 14 and 21 of the Indian Constitution and took away rights that may have accrued to him during the hearing of his case. Notably, the High Court order in question began by stating that the petitioner's plea was filed in 'desperation' and the same was akin to the 'devil quoting the scriptures'..Advocate Shahrukh Alam mentioned the plea before the apex court today. It will be mentioned again tomorrow before a bench led by Chief Justice of India (CJI) DY Chandrachud. .Sangma's petition, filed through advocate Akriti Chaubey, stated there was violation of Sections 20, 21 and 50 of the Meghalaya Lokayukta Act, which provide procedural safeguards, including his right to be heard before filing of the charge sheet.The High Court had said that no prejudice would be caused to the petitioner since the matter had been referred for trial and he would be heard by the court.The plea contended that the Act did not envisage 'hearing during trial' as equivalent to the specific right afforded to be heard by the Lokayukta before the charge sheet is filed..He challenged the Lokayukta direction for filing of the charge sheet against him and also challenged the 2021 amendment to the Meghalaya Lokayukta Act to the effect that it required only a chairperson to be appointed to be considered a complete body..Sangma was first involved in the case when he was served a notice under the Lokayukta Act to assist in the investigation of a complaint under the Prevention of Corruption Act for misappropriation of funds of GHADC.About two months after the notice, he was notified that he was charge sheeted in the case. He was not provided reasons. Aggrieved, he moved the High Court.