The petitioner has challenged the eligibility of Justice Nayak to take over as the new Lokayukta of Karnataka. The post of Lokayukta has been mired in controversy since corruption allegations had surfaced which forced Justice Bhaskar Rao to step down.
Since then there has been a delay in the appointment of a new Lokayukta. However with Chief Minister of Karnataka, Siddaramaiah naming Justice Nayak as the new Lokayukta it has now become a subject of judicial scrutiny.
The petitioner H Farooq has stated that Justice Nayak is not eligible for the post. He states in his petition that Section 24(3) of the Protection of Human Rights Act bars the chairperson from taking up any government employment.
Since Justice Nayak had served as the State Human Rights Commission Chairperson between 2007 and 2012, he is not eligible to take up the post of Lokayukta which is a government appointment.