Karnataka High Court seeks response from State Govt in challenge to appointment of 8 persons as 'advisors' to Chief Minister BS Yediyurappa

The Karnataka High Court has sought the response of the State Government in a public interest litigation (PIL) petition challenging the appointment of eight persons as advisors to Chief Minister, BS Yediyurappa and conferring them the status of Cabinet Minister..The eight persons are MP Renukacharya , Mahadev Prakash, Mohan A Limbikai , Sunil GS, Shankargowda Patil, MB. Marmkal and Laksminarayana..A Division Bench of Chief Justice Abhay Shreeniwas Oka and Justice Sachin Shankar Magadum issued notice in the plea moved by NGO Samaj Parivarthan Samudaya. .The petitioner has submitted that the eight persons were appointed as various advisors to the Chief Minister pursuant to eight different orders issued by the government. .These appointments were made under Article 164 of the Constitution of India. However, these appointments are not traceable to any plenary legislation or constitutional provisions, it was contended. .One of the primary arguments advanced by the petitioner was in relation to the Constitutional restriction on the size of the cabinet. The plea placed reliance on Article 164(1)A to state that the percentage of members of the Council of Ministers cannot exceed 15 percent of the total strength of the State Legislative Assembly. In Karnataka, the total strength of the Legislative Assembly is 224 and therefore, the maximum ministerial berths can only be 34 in number, the petition stated. .The plea also raised concern over the fact that all the respondents have been given cabinet minister rank and all perks associated with the said post. This, the plea contended, was unconstitutional as the State is not empowered to create "hybrid position to overcome constitutional mandate under Article 164 (1) A".."They are byproducts colourable exercise of executive power only to circumvent Article 164 (1) A. The appointments smack collateral political aims and have absolutely no connection whatsoever, to achieve real governance," the petition said. .The petitioner also alleged that since the ruling party in Karnataka could not accommodate its followers into the State Legislative Assembly, it created the post of 'advisers' to the Chief Minister. ."The ruling party in the State could not accomodate its followers, who helped the party to form the government wither on its own or by topppling the existing one. Hence, an ingenious methodology was deviced to acocomodate these loyalists and lobbists in the government by providing the status of a cabinet minister. This has been achieved by creating several "advisors" posts with cabinet ministerial ranks annexed to them," it was submitted..On these grounds, the petitioner prayed for quashing all the government orders appointing eight advisors to the Chief Minister as unconstitutional and arbitrary. .The matter has been next posted for hearing on February 22. .[Read Petition]