PIL in Karnataka High Court against Cabinet rank to 42 MLAs, MLCs heading boards, corporations

A public interest litigation (PIL) petition has been filed before the Karnataka High Court challenging the grant of cabinet rank to 42 persons, including Members of the Legislative Assembly (MLAs) and Members of the Legislative Council (MLCs) heading various Boards and Corporations in the State [Suri Payala v. Government of Karnataka and ors]..The petition has been moved by a Bengaluru resident who is working with the Karnataka State Pollution Control Board, Suri Payala. Payala has pointed out that cabinet rank status comes with enhanced salaries and several perks, such as a new car, a driver, fuel, house rent allowance (HRA) and medical reimbursement.This constitutes an 'office of profit' which cannot be held by legislators according to Article 191 of the Constitution of India, the petitioner contended. The matter was briefly taken up by a Bench of Chief Justice NV Anjaria and Justice MI Arun on Thursday.The Bench then posted the case for hearing on February 21. .Representing the petitioner, Senior Advocate J Sai Deepak yesterday argued that there may not have been any controversy if the MLAs and MLCs were only appointed as chairpersons of various bodies. However, the decision to grant such persons cabinet rank goes against the mandate of Article 164 (1A) of the Constitution, he contended. This Article restricts the size of the council of ministers. The petitioner argued that this is aimed at preventing unwarranted governmental expansion and maintaining legislative integrity.In his plea, it was recounted that 34 legislators were given the cabinet rank last month by a January 26 government order. Eight others already held this rank, taking the total number to 42 MLAs and MLCs with cabinet rank. "So these 34 appointments are by one stroke of pen? One notification?" the Chief Justice asked the petitioner's counsel yesterday."Yes, 34 people have been additionally added," Deepak replied..The Bench then suggested that the hearing could be continued another day since the senior lawyer yesterday appeared virtually to make his submissions."You are welcome to argue, but we are thinking that such an important point you are raising and you are arguing from the compound of the Supreme Court..." Chief Justice Anjaria observed."Sincere apologies, it just so happens that I was briefed last night. If milords could perhaps give me a short date, I will come back and will have the privilege of appearing before your Lordships in person. I am happy to do so," Deepak replied.The Court proceeded to adjourn the hearing till February 21..The petition before the Court has challenged the grant of Cabinet rank to the following 42 MLAs and MLCs:Hampanagouda Badarli, Appaji CS Nadagouda, Bharamgouda Alagouda Kage, Hullapa Yamanappa Meti, SR Srinivas (Vasu), Basavaraj Neelappa Shivannanavar, В G Govindappa, HC Balakrishna, Gurupadagouda Sanganagouda Patil, Gurupadagouda Sanganagouda Patil, Кoujalagi Mahantesh Shivanand, C Puttarangashetty, Jagadish Thimmanagouda Patil (JT Patil), Raja Venugopal Naik, BK Sangameshwara, KM Shivalinge Gowda, Abbayya Prasad, Gopala Krishna, SN Narayana Swamy KM, T Raghumurthy, A B Ramesh Bandisiddegowda, B Shivanna, SN Subbareddy (Chinnakayalapalli), Vinay Kulkarni, Anil Chikkamadu, Basanagouda Daddal, Kaneez Fatima, Kashappanavara Vijayanand Shivashankrappa, TD Rajegowda, Roopakala M, Sathish Krishna Sail, Sharath Kumar Bachegouda (Sharath Bachegowda), J N Ganesh, Basanagouda Turavinal, TB Jayachandra MLA (Karnataka Special Representative), AS Ponnanna (Legal Advisor to CM), Ajay Singh MLA (Kalyana Karnataka Region Development Board Chairman), RV Deshpande (Chairman, Administrative Reforms Commission), BR Patil (Advisor to CM), Nazir Ahmed (MLC Political Secretary to CM), K Govinda Raju (MLC Political Secretary to CM), and Prakash Babanna Hukkeri (Karnataka Special Representative)..The petitioner has prayed for the High Court to pass an order declaring the appointments of these MLAs and MLCs to positions with cabinet rank as void and unconstitutional.He has argued that the grant of cabinet rank to these legislators violates Articles 102, 191 and 164 of the Constitution, as well as the scheme of the Karnataka Legislature (Prevention of Disqualification) Act, 1956, and Section 10 (disqualification for holding a government job) of the Representation of Peoples Act, 1951.Relying on the Supreme Court's 1964 ruling in Guru Gobind Basu vs. Sankari Prasad Ghosal & Ors, the petitioner also says that these legislators are liable to be disqualified for holding an office of profit because of their Cabinet rank. The petitioner has, therefore, called for the immediate dismissal of these persons from their legislative posts to prevent any conflicts of interest and restore integrity to the legislative process. The petitioner added that the arbitrary nature of extending the Cabinet rank to a select group of legislators also violates the principles of natural justice and erodes public trust in the legislative process. Allowing such appointments to continue would set a dangerous precedent that could encourage legislative members to seek additional roles and benefits, the plea further said. The petitioner approached the High Court in the matter after failing to secure any response to representations sent earlier to the Speaker of the Legislative Assembly and the Chairman of the Legislative Counsel. .Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.