Blurb
Division bench posts PIL on appointments to March 4
BENGALURU
The Karnataka High Court has directed the State government to clarify its stand on a public interest litigation challenging the grant of cabinet-rank status to 34 MLAs appointed as chairpersons of various corporations and boards, along with eight other legislators given similar status in different posts.
A division bench comprising Chief Justice Vibhu Bakhru and Justice C.M. Poonacha issued notice to the government while hearing the petition and adjourned the matter to March 4.
The PIL was filed by Bengaluru resident Suri Payala, who contended that the appointments violate constitutional provisions. The petition argues that under Article 164(1A) of the Constitution, the size of the Council of Ministers in a State cannot exceed 15% of the total strength of the Legislative Assembly. In Karnataka’s 224-member Assembly, this would cap the number of ministers at 34. At present, there are 33 ministers, including the Chief Minister.
However, the petitioner contends that 34 MLAs have additionally been appointed as heads of corporations and boards and granted cabinet rank, along with salaries, allowances and other facilities. Eight more MLAs have been appointed to posts such as Delhi Special Representative and Political Secretary to the Chief Minister, also with cabinet status.
While the petition does not object to MLAs being appointed to such bodies, it challenges the conferment of cabinet rank and associated benefits, arguing that this effectively expands the size of the executive in violation of constitutional limits.
The plea also raises concerns under Article 191, which deals with disqualification on grounds of holding an “office of profit.” It contends that these posts carry financial benefits — including enhanced pay, official vehicles, fuel, drivers, housing allowances and medical reimbursements — thereby constituting offices of profit that could attract disqualification.
The petitioner has sought quashing of government notifications issued on January 26, 2024, appointing 34 MLAs as corporation board presidents, as well as subsequent notifications conferring cabinet-rank status on eight others, and has requested that the appointments be declared unconstitutional.