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Draft   to   enact   procedure  
PROSEC.02   ---   Election,   recruitment   and   explusion   of   District   Prosecutors





  DRAFT-1 : Transfer of powers to appoint District Prosecutors to Districts (citizens need to pass this draft in the Assembly)

 
  1. The District Panchayat, after passing a resolution, can request transfer of power to appoint the District Prosecutors.

  2. The District Panchayat must pass the resolution with DIRECT YESes from over 33% of voters of the State, not merely the YESes of MLAs.

  3. Till a District does NOT request transfer of powers to appoint the District Prosecutors, the District Prosecutors in that district will be appointed by the Chief Minister or the Law Minister of the State Govt.

-------------------------------- End of DRAFT-1 --------------------------------

  DRAFT-2 : Election, recruitment and expulsion of District Public Prosecutors (citizens need to pass this draft in the Panchayat)

 
Section   1   :   Preamble
  This Act is to create a less nexusprone procedure to appoint/expel District Public Prosecutors.

Section   2   : Holding elections for Chief District Public Prosector

2.1 [Procedure for District Election Commissioner] Upon the Sarpanch's direction, the District Election Commissioner will conduct the election for Chief District Public Prosecutor and Deputy Chief District Public Prosecutor every 4 years. Any citizen of India qualified to become a District Judge can be a candidate for eighter of the two posts (but not both). Each citizen can cast upto 2 votes for Chief Prosecutor and 2 votes for Deputy. The Sarpanch will nominate the candidates with highest number of votes as Chief Prosecutor and Deputy.
2.2 [Procedure for District Election Commissioner] If the Chief Prosecutor's position becomes vacant before next election, the Sarpanch will nominate the Deputy as Chief Prosector for the remaining term.
2.3 [Request to CM] The Chief Minister, or Law Minister, will hold a competive exam, where any person with LLB can appear, and publish a merit list every year.
2.4 [Instruction for Chief District Prosecutor] If CM does NOT hold any such exam, the Chief Prosecutor will hold an exam for his District. The Chief Prosecutors must fill the vacant positions of Junior Public Prosecutors from the candidates in the most recent merit list, as per the preferences by the candidates in the merit list. The Junior Prosecutor's term will be for at most 4 years, and after that he cannot work as a lawyer or a Judge in THAT district for next 8 years.

Section   3: Procedure for citizens to expel a District Court Judge

The citizen can expel a District Prosecutor, including Chief or Deputy, using Jury Trial as described in "Jury Trial over Minicipality Staff" Act. (*)

Section   4   : Other Details
4.1 If the officer does not execute a procedure or ignores an instruction stated in this Resolution/Act, a citizen can file a complaint before the Grand Jurors. In case there are is no Grand Jury, the citizens can appeal to the Mayor to setup a Grand Jury. But under this law, a citizen cannot complaint before PM, Corporators, PM, MLAs, PM, or MPs.
4.2 The Jurors will judge this Act, guidelines, intentions as well as the facts related to the case


-----------------(end of the DRAFT-3) -----------------


(*) -- To see the text of proposed "Jury Trial over Municipality Staff" Act, please click here.