(1)For the purpose of conducting investigations and enquiries in accordance with the provisions of this Act, the Governor shall, by warrant under his hand and seal and, on the recommendations of a Selection Committee as provided below, appoint a person to be known as the Lokayukta and not more than four other persons each to be known as Up-Lokayukta:Provided that not more than half of such Up-Lokayuktas shall be judicial members and the remaining shall be administrative members.(2)The Selection Committee shall comprise of:(i)The Chief Minister - Chairperson;(ii)The Speaker of the Gujarat Legislative Assembly;(iii)A minister from the council of ministers, to be nominated by the Chief Minister;(iv)The Leader of the Opposition in the Gujarat Legislative Assembly and should there be a vacancy in that position then a person elected in this behalf by the members of the Opposition in that House in such manner as the Speaker may direct;(v)One Judge of the High Court of Gujarat, to be nominated by the Chief Justice of the High Court in consultation with the collegiums of five Senior Judges of the High Court;(vi)Vigilance Commissioner, Gujarat State.(3)The Selection Committee while making recommendation will give due regard to representation of the SC/ST in the Aayog.(4)No appointment of a Lokayukta or Up-Lokayukta shall be invalid merely by reason of absence of any member of or due to any vacancy in the Selection Committee:Provided however that the Selection Committee may, if it deems necessary, choose to appoint a Search Committee, comprising of atleast three and not more than five eminent persons from those who have been Chief Justice of a High Court, State Election Commissioner, Vigilance Commissioner, Chief Secretary to the Government of Gujarat, Secretary to the Government of India, Judges of Supreme Court or of High Courts to recommend a panel of suitable persons twice the number of vacancies referred to the Search Committee.(5)The Lokayukta shall be a person who is or has been a Judge of the Supreme Court of India or Chief Justice of a High Court.(6)The Up-Lokayukta (Judicial) shall be a person who has held the office of the Judge of a High Court. The Up-Lokayukta (Administrative) shall be a person with experience in administrative or quasi-judicial matters, and shall have functioned as Secretary or Additional Secretary to the Government of India, or as Chief Secretary or Additional Chief Secretary to the Government of Gujarat.(7)A 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 Schedule.(8)If for any reason the Lokayukta is unable to discharge his functions, the Up-Lokayukta or if there are more than one Up-Lokayukta, the senior among them may discharge the functions of the Lokayukta. Seniority shall be computed from the date of appointment of Up-Lokayuktas and, Up-lokayukta who is a Judicial member shall always be deemed to be senior to the Up-Lokayukta who is an Administrative member irrespective of age and the date of appointment to the office of Up-Lokayukta.
