Karnataka High Court Issues Notice On Plea Against The Appointment Of N R Santosh As Political Secretary Of CM Yediyurappa

A division bench of Chief Justice Abhay Oka and Justice S Vishwajith Shetty while issuing the notice to respondents returnable on January 11, 2021, said "​Is there any provision for appointing a political secretary."

The notice was issued while hearing a petition filed by Advocate S Umapathi. Arguing in person he submitted that the third respondent (N R Santosh) is occupying a public office post with Cabinet status, though he is not legally entitled to continue as such is in gross violation of law.

The petition states that Santosh who is a relative of the Chief Minister, was appointed on June 22, on issuance of note by Yediyurappa to the Department of Personnel and Administrative Services.

It is further submitted that though all the offices in Vikasa Soudha are public offices yet the office of the third respondent (Santosh) is fully staffed by political workers who are working in the office as if they are government servants without any authority of law.

The petition states that there is no legislation by the assembly of the state codifying the method of appointment, functions and perks of a political secretary. Not even proper rule or regulation has been framed in exercise of Executive powers for creating the post of political secretary. Accordingly the exercise of the Chief Minister to create the post of political secretary to accommodate his relative and political followers of his party is unconstitutional and liable to be set aside.

The plea prays for directions to call for entire records and files of the second respondent (Department of Personnel and Training) pertaining to the appointment of respondent 3 and issue a writ of quo warranto, prohibiting the respondent 3 (santosh) from exercising the duties as political secretary.