Lokayukta report for shifting of school quashed by HC

NT Correspondent

Bengaluru: The High Court of Karnataka has quashed an investigation and report by the Lokayukta to shift a school out of a residential area for allegedly causing disturbance to the neighbours.

The HC said that such an investigation is itself barred by law and the Lokayukta could not have been involved in it.

A complaint had been filed by a neighbour alleging that the school was causing hardship by using loudspeakers. The school was started in 1991-92 but the complaint was filed in 2016.

The HC pointed out that as per Section 8(2)(c) of the Karnataka Lokayukta Act, the Lokayukta cannot investigate “any complaint involving a grievance made after the expiry of a period of six months from the date on which the action complained against becomes known to the complainant.”

The division bench of Justice KS Mudagal and Justice Ramachandra D Huddar, therefore, noted that “The complainant, though was resident of the same area, filed the complaint after 17 years of commencement of the school or at least after more than one year from the date of renewal of the school under Annexures-D and E. The second respondentUpa-Lokayukta was clearly barred from investigating such a complaint.”

Loudspeakers

The school; Lions MRB Memorial English High School, is run by the Lions Education Society at Kuvempunagar, Kunigal. It commenced activities in 1991.

The registration of the school was renewed periodically. A local resident SR Girish Chandra filed a complaint with the Lokayukta in 2016 alleging that the school was in a residential locality and the noise from the loudspeakers a n d the children in the school was causing nuisance to the neighbours.

He had earlier complained to the Education Department which had failed to take any action. Based on the complaint, the Lokayukta called the Block Education Officer, Kunigal for an explanation.

He submitted a reply. Thereafter on May 6, 2017, the Lokayukta filed a report opining that the use of loudspeakers was causing nuisance to the neighbours and there was no good environment for children.

The authorities were further directed to shift the school from the said area. The school approached the HC with a petition in 2018. The division bench gave its judgement on the petition recently.

While allowing the petition, the HC also noted that as per Section 8(1)(b) of the KL Act, when a complainant has a remedy by way of appeal, revision, review or other proceedings before any Tribunal, Court Officer or other authority, he has to first avail of the same before approaching the Lokayukta.