PIL challenges Cabinet rank given to MLAs/MLCs heading boards, corporations

Bengaluru: A public interest litigation (PIL) has been filed in the Karnataka High Court challenging the appointment of MLAs and MLCs as the chairpersons of various Boards/Corporation and other posts with the rank of cabinet ministers.

The petition is filed by one Suri Payala, a resident of Bengaluru city, who works at the Karnataka State Pollution Control Board (KSPCB).

A division bench comprising Chief Justice NV Anjaria and Justice MI Arun adjourned the hearing to February 21.

Appearing for the petitioner, senior advocate Sai Deepak submitted that while the appointment of MLA/MLCs to the post is not an issue it is bestowing the cabinet rank status which is in violation of the constitutional provision.

“The petitioner does not have a problem with them (MLAs and MLCS) being appointed to these positions.

The issue is with respect to extension of cabinet ranks to their positions. Because under Article 164 (1A) the ceiling is only 15 per cent of the total number of members of the legislative assembly who can be given cabinet rank which in the context of state of Karnataka is 34. There are already 33 members in the cabinet,” Sai Deepak said.

The petitioner has named 42 appointees, including RV Deshpande, AS Ponnanna, Vinay Kulkarni, NA Haris and others, in the petition, seeking for a direction to quash their appointments. The petition said these MLAs and MLCs either hold positions as chairman of boards and corporations or as Legal Advisor to the Chief Minister, Advisor to the Chief Minister, Political Secretaries to the Chief Minister and Special Representative at New Delhi.

All these postings have been bestowed with cabinet rank and associated benefits contravene the provisions enshrined in Articles 102 (disqualification of a member for holding office of profit) and 191 (office of profit).

The petition further said that providing cabinet rank to these posts violates Article 164 164 (1A), which restricts the size of the council of ministers. The appointments contravene section 10 of Representation of People Act, which disqualifies members from holding an office of profit under the government.

“MLAs and MLCs appointed as Chairpersons often reside outside Bengaluru, making managing their constituency duties impractical. The extensive travel and logistical challenges exacerbate their inability to fulfill both the roles adequately. The appointments and the additional benefits conferred upon these members erode public trust in the legislative process,” the petition said.