Section 3 in The U.P. Lokayukta And Up-Lokayuktas Act, 1975
3. Appointment of Lokayukta and Up-Lokayuktas. -
(1)For the purpose of conducting investigations in accordance with the provisions of this Act, the Governor shall, by warrant under his hand and seal, appoint a person to be known as the Lokayukta and one or more persons to be known as the Up-Lokayukta or Up-Lokayuktas :Provided that, -(a)the Lokayukta shall be appointed after consultation with the Chief Justice of the High Court of Judicature at Allahabad and the Leader of the Opposition in the Legislative Assembly, and if there be no such leader a person elected in this behalf by the members of the opposition in that House in such manner as the Speaker may direct;(b)the Up-Lokayukta or Up-Lokayuktas shall be appointed after consultation with the Lokayukta :Provided further that where the Speaker of the Legislative Assembly is satisfied that circumstances exist on account of which it is not practicable to consult the Leader of the Opposition in accordance with clause (a) of the preceding proviso, he may intimate the Governor the name of any other member of the Opposition in the Legislative Assembly who may be consulted under that clause instead of Leader of the Opposition.(2)Every person appointed as the Lokayukta or an Up-Lokayukta shall before entering upon his office, make and subscribe before the Governor, or some person appointed in that behalf by him, an oath or affirmation in the form set out for the purpose in the First Schedule.(3)The Up-Lokayuktas shall be subject to the administrative control of the Lokayukta and, in particular, for the purpose of convenient disposal of investigations under this Act, the Lokayukta may issue such general or special direction as lie may consider necessary to the Up-Lokayukta:Provided that nothing in this sub-section shall be construed to authorise the Lokayukta to question any finding, conclusion or recommendation of an Up-Lokayukta.
