'Where Is The Prohibition?': Karnataka High Court Dismisses Plea Against Appointment Of Political Secretaries, Media Advisor To CM Siddaramiah

The Karnataka High Court today dismissed a Public Interest Litigation challenging the appointment of Political Secretaries and Media Advisor to Chief Minister Siddaramiah.

A division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit dismissed the petition filed by Advocate Umapathi S and said, “For reasons to be recorded separately, the petition is dismissed.” Detailed order to follow.

The petitioner had challenged the appointments of Congress MLCs Dr K. Govindraj and Nazeer Ahmed as Political Secretaries, Sunil Kunagol as Chief Advisor and journalist KV Prabhakar as the Media Advisor to the Chief Minister.

Advocate Umapathi appearing in person argued that appointment of private persons as political secretary, chief advisor and media advisor is unconstitutional as per Article 164 (1-A) of the Constitution. He argued that the CM has a Council of Ministers, consisting of 34 ministers, thereby reaching the maximum limit fixed under the Constitution (15% of 224 total number of Assembly seats in the State).

However, the Bench pointed that the private respondents are not appointed as Council of Ministers or Cabinet Ministers dealing with profolios.

“What is wrong in their appointment, show that there is a prohibition in them being appointed? They are not appointed as Council of Ministers nor Cabinet Ministers, dealing with profolio like education etc, then where is the prohibition?" it asked.

It was the petitioner's case that there is no enabling provision, however, he acceded that there is no prohibition either. Following which the court orally observed, “It (Government) can appoint 100 persons as advisors. Please show there is a prohibition.”

The plea had also contended that allowing private persons, relatives and political followers directly into the administration of the State with Cabinet status of the Minister is unconstitutional. It was argued that the State is incurring huge expenditure out of public money to run these "extra Constitutional" offices created for personal interest of the Chief Minister and his political party.

The plea had prayed for issuance of a writ of quo-warranto prohibiting the advisors from exercising their duties.

Case Title: Umapathi S AND State of Karnataka & Others

Case No: WP 15257/2023.

Citation: 2023 LiveLaw (Kar) 349

Date of Order: 07-09-2023

Appearance: Umapathi S, party in person.