PIL Challenges Karnataka HC's Cabinet Rank Grant to 42 Legislators
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Synopsis
A Public Interest Litigation (PIL) has been filed in the Karnataka High Court contesting the state's decision to grant Cabinet rank to 42 individuals, including MLAs and MLCs. The hearing is set for February 21, raising questions about legality and propriety.
Key Takeaways
- PIL filed against Karnataka government's decision.
- Challenges Cabinet rank for 42 legislators.
- Questioning legality under Article 191.
- Hearing scheduled for February 21.
- Petition aims to preserve legislative integrity.
Bengaluru, Feb 14 (NationPress) A Public Interest Litigation (PIL) has been lodged with the Karnataka High Court contesting the state government’s decision to confer Cabinet rank upon 42 individuals, which includes Members of the Legislative Assembly (MLAs) and Members of the Legislative Council (MLC).
The Bench, presided over by Chief Justice N.V. Anjaria and Justice M.I. Arun, has scheduled the matter for a hearing on February 21.
This petition was submitted by Suri Payala, a Bengaluru resident and employee of the Karnataka State Pollution Control Board (KSPCB).
The petitioner has raised concerns regarding the appointments of veteran Congress leader and former minister R.V. Deshpande, along with MLAs A.S. Ponnanna, Vinay Kulkarni, N.A. Haris, among others. The petition seeks to nullify their appointments.
It asserts that granting Cabinet rank to MLAs and MLCs contradicts established regulations as it represents an office of profit.
According to Article 191 of the Constitution of India, legislators are prohibited from holding an office of profit.
The petition elaborates that those granted Cabinet rank status receive increased salaries and benefits, such as a vehicle, driver, fuel, house rent allowance, and medical reimbursement.
Karnataka Chief Minister Siddaramaiah had provided positions to his colleagues who had opposed him after they missed out on ministerial roles.
Activist and senior counsel J. Sai Deepak, representing the petitioner, argued that while appointing chairpersons and presidents to various boards and corporations is acceptable, granting Cabinet rank status violates Article 164 (1A) of the Constitution, which limits the size of the Cabinet.
Furthermore, it was noted that 34 legislators received Cabinet rank on January 26 through a governmental decree.
Already, eight legislators possessed Cabinet rank. This petition aims to curb unnecessary government expansion and uphold the integrity of the legislature.
The Bench acknowledged that Counsel Sai Deepak raised a significant point and should have appeared in person.
Counsel Sai Deepak apologized for attending virtually as he was briefed just a day prior to the hearing. He requested a prompt date and expressed his eagerness to present his case before the court.
