'Filed To Seek Publicity': Karnataka HC Rejects PIL Against DK Shivakumar’s Swearing-In

The Karnataka High Court on Tuesday dismissed a public interest litigation (PIL) challenging the appointment of Deputy Chief Minister DK Shivakumar as Chief Minister, describing the plea as “frivolous” and filed merely to seek publicity, according to a report by Bar and Bench.

A Bench comprising Chief Justice Vibhu Bakhru and Justice KS Hemalekha imposed costs of ₹50,000 on petitioner Mangalappa, a resident of Hubballi, directing him to deposit the amount with the Karnataka State Legal Services Authority within two weeks.

The petitioner had argued that the swearing-in of Shivakumar along with 13 ministers violated Article 164(1A) of the Constitution, claiming that Karnataka’s 224-member Assembly required a Council of Ministers comprising at least 24 members.

The High Court, however, held that the petition was based on a fundamental misreading of the constitutional provision. The Bench clarified that Article 164(1A) mandates that the number of ministers, including the Chief Minister, “shall not be less than 12,” and does not prescribe a minimum of 12 per cent of the Assembly’s strength.

When the petitioner’s counsel sought to withdraw the plea, the Court refused, observing that judicial time had already been wasted. It also remarked that with 14 members sworn in, the constitutional requirement had clearly been satisfied.