Activist I G Khandelwal has filed the PIL which alleges that the procedure mandated in the Lokayukta Act has not been followed.
"Under the Act, approval of the Chief Justice of the High Court needs to be taken....The Chief Minister has no role to play in the appointment," Khandelwal argued.
Also, a sitting judge cannot be appointed as Lokayukta when there are vacancies in the High Court itself, he said.
The state Governor has approved Justice Tahaliyani's appointment but the official order is yet to be issued.
Tahaliyani will succeed Justice P B Gaikwad whose five-year term ended on July 1, 2014 after which the post has been lying vacant.