The petition stated that originally, the Governor was the authority to decide on the final action to be taken against the Chief Minister or an MLA or a State-level office bearer of political parties. The Governor was to take the decision on the recommendations made by the Lok Ayukta or Upa Lok Ayukta.
In the case of a recommendation against a Minister or Secretary, it was upto the Chief Minister to take the final decision.
However, as per the new amendments to Section 2, the competent authority for recommendations against the Chief Minister is the State Legislative Assembly, and for recommendations against MLAs is the Speaker of the State Legislative Assembly.
Chennithala contended that this essentially confers appellate powers to the party in power and will, therefore have far-reaching consequences for the administration of justice.
Source: Barandbench
