The Karnataka High Court on Tuesday dismissed a Public Interest Litigation (PIL) challenging the constitutionality of Chief Minister DK Shivakumar’s newly formed Cabinet, and imposed fine on the petitioner. $50,000, and described the petition as a publicity stunt and a waste of judicial time.
“The present petition is based on the erroneous ground that the number of Ministers, including the Chief Minister, in the Cabinet cannot be less than 12% of the total members of the Karnataka Legislature. A plain reading of the proviso of Article 164 (1A) of the Constitution of India provides that the number of Ministers, including the Chief Minister, in the State must not be less than 12,” a bench of Chief Justice Vibhu Bhakru said.
Mangalappa Holikiri, a resident of Hubballi, filed the PIL seeking to dissolve the 14-member Cabinet who was sworn in on June 3, arguing that it violates Article 164 (1A) that governs the size of state coffers.
The court said the petition is based on a completely misreading of Article 164 (1A), which states that the total number of ministers, including the Prime Minister, shall not exceed 15% of the strength of the Legislative Council. It stipulates that the number of ministers shall not be less than 12 ministers.
The petitioner misread the figure 12 as 12% and said that since the Karnataka Assembly has 224 members, the Cabinet should have at least 24 members and not more than 33 members. The Karnataka Cabinet has 14 members, including Shivakumar and Deputy Chief Minister G Parameshwara.
Holikiri’s lawyer, Hanumanth Kumar L, admitted that Article 164 (1A) requires that the number of ministers not be less than 12. Justice Bhakru then asked: “How many ministers have taken the oath?”
When the lawyer responded that 14 ministers had taken the oath, the court said: “14 is greater than 12 or less than 12? You yourself say that the number is 14 members. How can 14 ministers be less than 12? What does the total strength of the council have to do with this condition? The condition stipulates that their number should not be less than 12. It does not say 12%. There is no percent there. It is 12.”
The court ordered Holikere to depose $50,000 with the Karnataka State Legal Services Authority within two weeks. She rejected his lawyer’s request to allow him to withdraw his confession. “…This petition is filed primarily to gain publicity and has resulted in a clear and unwarranted imposition of judicial time.”
