Bengaluru, Feb 14 A Public Interest Litigation (PIL) has been filed with the Karnataka High Court challenging the state government with regard to according Cabinet rank to 42 people, including Members of the Legislative Assembly (MLAs) and Members of the Legislative Council (MLC).
The Bench headed by Chief Justice N.V. Anjaria and Justice M.I. Arun, allowing the petition has posted the matter for hearing on February 21.
The petition has been filed by Suri Payala, a resident of Bengaluru, who also works with the Karnataka State Pollution Control Board (KSPCB).
The petitioner has questioned appointment of veteran Congress leader and former minister R.V. Deshpande, MLAs A.S. Ponnanna, Vinay Kulkarni, N.A. Haris and others. It has also sought direction to quash their appointments.
The petition claims that according of Cabinet status to MLAs and MLCs is against the rules as it constitutes an office of profit.
Legislators cannot hold office of profit under Article 191 of the Constitution of India.
The petition further says that the persons who are accorded Cabinet rank status get enhanced salaries, facilities such as car, driver, fuel, house rent allowance and medical reimbursement.
Karnataka Chief Minister Siddaramaiah had accommodated his colleagues who had raised the banner of revolt against him after missing the ministerial posts.
Activist and senior counsel J. Sai Deepak representing the petitioner stated that according the positions of chairman and president to various boards and corporations was not an issue, however, granting them Cabinet rank status is against Article 164 (1A) of the Constitution, which restricts the size of the Cabinet.
The counsel further submitted, 34 legislators were given Cabinet rank in January 26 through a government order.
Eight legislators already held the Cabinet rank status. The petition is aimed at preventing unwarranted governmental expansion and preserving the integrity of the legislature.
The Bench noted that Counsel Sai Deepak is making an important point and he should have appeared in person.
Counsel Sai Deepak apologised for appearing in virtual mode as he was briefed about the matter one day earlier. He also requested for a short date and stated that it will be his privilege to appear before the court.
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