(1) Except as hereinafter provided, the Lokayukta or an Upalokayukta shall not conduct any investigation under this Act in the case of a complaint involving a grievance in respect of any action,-
(a) if such action relates to any matter specified in the second Schedule; or
(b) if the complainant has or had, any remedy by way of appeal, revision, review or other proceedings before any tribunal, 1[court, officer or other authority and has not availed of the same.]1
1. Substituted by Act 1 of 1988 w.e.f. 25.2.1988.
(2) The Lokayukta or an Upalokayukta shall not investigate,-
(a) any action in respect of which a formal and public inquiry has been ordered with the prior concurrence of the Lokayukta or an Upalokayukta, as the case may be;
(b) any action in respect of a matter which has been referred for inquiry, under the Commission of Inquiry Act, 1952 with the prior concurrence of the Lokayukta or an Upalokayukta, as the case may be;
(c) any complaint involving a grievance made after the expiry of a period of six months from the date on which the action complained against becomes known to the complainant; or 13
(d) any complaint involving an allegation made after the expiry of five years from the date on which the action complained against is alleged to have taken place;
Provided that he may entertain a complaint referred to in clauses (c) and (d) if the complainant satisfied that he had sufficient cause for not making the complaint within the period specified in those clauses.
(3) In the case of any complaint involving a grievance, nothing in this Act shall be construed as empowering the Lokayukta or an Upalokayukta to question any administrative action involving the exercise of a discretion except where he is satisfied that the elements involved in the exercise of the discretion are absent to such an extent that the discretion can prima facie be regarded as having been improperly exercised.