A public interest litigation (PIL) has been moved before the Karnataka High Court contesting the conferment of cabinet rank on 42 individuals, including Members of the Legislative Assembly (MLAs) and Members of the Legislative Council (MLCs) serving as heads of various State Boards and Corporations.

The petition has been filed by Suri Payala, a Bengaluru resident working with the Karnataka State Pollution Control Board.  

Payala has argued that the cabinet rank status grants enhanced salaries and multiple perks, including a new car, a driver, fuel allowance, house rent allowance (HRA), and medical reimbursements.  

The petitioner contends that this amounts to an 'office of profit,' which legislators are prohibited from holding under Article 191 of the Indian Constitution.  

A Bench comprising Chief Justice NV Anjaria and Justice MI Arun briefly heard the matter on Thursday and scheduled it for further hearing on February 21.

Senior Advocate J Sai Deepak, representing the petitioner, argued that while appointing MLAs and MLCs as chairpersons of various bodies may not have been contentious, granting them cabinet rank violates Article 164(1A) of the Constitution. This provision limits the size of the council of ministers to prevent unnecessary governmental expansion and uphold legislative integrity.

The plea highlighted that a government order issued on January 26 conferred cabinet rank on 34 legislators, adding to the eight who already held the status, bringing the total to 42.

During the proceedings, Chief Justice NV Anjaria questioned whether all 34 appointments were made through a single notification. Deepak confirmed this and requested an adjournment to argue in person, as he was appearing virtually. The Bench agreed and scheduled the next hearing for February 21.

The petition challenges the cabinet rank appointments of 42 legislators, including MLAs and MLCs, and seeks a declaration that these appointments are unconstitutional. It argues that they violate Articles 102, 191, and 164 of the Constitution, the Karnataka Legislature (Prevention of Disqualification) Act, 1956, and Section 10 of the Representation of the People Act, 1951.

Citing the Supreme Court’s 1964 ruling in Guru Gobind Basu vs. Sankari Prasad Ghosal & Ors, the petitioner contends that legislators holding an office of profit must be disqualified. He has called for the immediate dismissal of the appointees to prevent conflicts of interest and safeguard legislative integrity.

Additionally, the petitioner asserts that arbitrarily granting cabinet rank to a select group violates natural justice and undermines public trust. He warns that allowing such appointments to stand could set a precedent for legislators to seek undue benefits.

The petition was filed after the petitioner received no response to prior representations sent to the Speaker of the Legislative Assembly and the Chairman of the Legislative Council.