BJP urges Kerala Governor not to give nod for Ombudsman appointment
Thiruvananthapuram: The BJP has formally opposed the Kerala Cabinet’s decision to appoint former judge Justice (Retd.) Babu Mathew P. Joseph as Ombudsman for Local Self-Government Institutions, citing statutory violations under the Kerala Lok Ayukta Act, 1999.
BJP Kerala President Rajeev Chandrasekhar and General Secretary Suresh on Saturday met Governor Rajendra Vishwanath Arlekar at Lok Bhavan and submitted a detailed petition urging him to withhold approval for the appointment.
The party pointed out that the Cabinet decision runs contrary to Section 5(3) of the Kerala Lok Ayukta Act, which bars a former Lok Ayukta or Upa Lok Ayukta from holding any subsequent office of profit under the government or related authorities.
In their submission, BJP leaders pointed out that Justice Babu Mathew P. Joseph had previously served as Upa Lok Ayukta, making him ineligible for the post of Ombudsman.
They contended that the Ombudsman position is a statutory office with remuneration drawn from government funds and therefore clearly falls within the definition of an “office of profit” under the Act.
The petition further maintained that the prohibition under Section 5(3) is explicit and leaves no room for discretionary interpretation.
Any appointment made in violation of this provision, the BJP warned, would be legally untenable and vulnerable to judicial scrutiny.
The party also flagged concerns about institutional propriety, arguing that allowing such appointments could dilute the independence of statutory watchdog bodies.
According to the BJP, strict adherence to eligibility norms is essential to preserve public confidence in institutions meant to oversee governance at the grassroots level.
Urging the Governor to exercise his constitutional discretion, BJP leaders requested that the Cabinet decision be returned for reconsideration on statutory grounds.
The move adds a fresh political dimension to the appointment, even as the government maintains that the decision is legally sound.
The Governor is expected to examine the petition before taking a final call on the appointment, which has now become a subject of both legal and political debate in the state.