BENGALURU: The Karnataka High Court on Monday declined to pass an interim order on a plea seeking to restrain the state government and governor from accommodating three MLCs -- R Shankar, AH Vishwanath and MTB Nagaraj -- in the cabinet.
A division bench comprising Chief Justice Abhay Shreeniwas Oka and Justice Ashok S Kinagi said that the petitioner has not made out a case to pass the interim order. However, the bench ordered notice to the state including the Chief Minister and other respondents and observed that the governor and Chief Minister, being constitutional functionaries, will take note of the apex court order.
In the public interest litigation, the petitioner AS Harish, a member of the governing council of the Advocates' Association of Bangalore, contended that the state government and governor should not accommodate the MLCs in the cabinet unless they fulfil the conditions laid down by the Supreme Court.
He contended that the MLCs have not won reelection in the same constituency but are defeated candidates or have not contested the election. All three are not eligible nor entitled to take oath as ministers.
The petitioner made the Chief Secretary, Governor, Chief Minister, Principal Secretary, Department of Law, and the three MLCs as respondents.
He further alleged that the state is making preparations to administer the oath of affirmation to the ineligible MLCs to accommodate them in the cabinet, which is a violation of the provisions of the Representation of People Act.
The petitioner stated that the Supreme Court has made it clear that if a disqualified candidate is re-elected from the same constituency, he or she can be considered for elevation as minister and not otherwise as nominated members to council.