BENGALURU: As the government prepares to appoint a new chairman to the Karnataka State Pollution Control Board (KSPCB), and with many Congress MLAs and politicians eyeing the position, an environment activist has written to CM DK Shivakumar, saying the issue is settled in law why a politician should not be appointed.
He recalled that Narendra Swamy and Dr KV Sudhakar, both politicians, were appointed without the necessary qualifications, and urged the government not to do the same.
In his representation to the CM, activist Anjaneya Reddy R warned that appointing an unqualified or ineligible candidate would violate the law. Section 4(2)(a) of the Water Act, 1974, and Section 5 of the Air Act, 1981, require the KSPCB chairman to possess “special knowledge or practical experience” in environmental matters.
He cites the Supreme Court’s 2018 judgment in Techi Tagi Tara vs Rajendra Singh Bhandari & Ors., in which the court criticised the practice of appointing retired bureaucrats and politicians with no environmental background to head pollution boards, and ordered states to frame recruitment guidelines within six months. The ruling also left open the possibility of challenging unqualified appointments through a writ of quo warranto.
The letter notes that Karnataka already has such guidelines, issued on June 19, 2020, in response to the Supreme Court ruling, mandating a Master’s degree in Environmental Science, Environmental Engineering or a related field, along with relevant experience -- a requirement the Karnataka High Court upheld in a 2023 case.
The letter comes amid reports that at least two Karnataka politicians -- a sitting MLA from Bengaluru and former legislator who lost the last assembly election -- are seeking the post.
Reddy raises a separate constitutional objection under Article 191(1)(a), that since the chairmanship carries a salary, official car and statutory powers, it qualifies as an “office of profit”, barring a sitting legislator from holding it without first resigning the seat. His demands include a transparent, advertised selection process led by a search-cum-selection committee headed by a retired judge or eminent scientist, a fixed non-renewable term of at least three years, and a reasoned appointment order justifying the chosen candidate’s credentials.
Copies of the representation were sent to the Chief Minister, Forest and Environment Minister, chief secretary and KSPCB’s member secretary. Reddy has described it as a pre-litigation notice, indicating he may move the Karnataka High Court if the government proceeds with an appointment he considers unlawful.