SURI PAYALA Vs. GOVERNMENT OF KARNATAKA

JUDGEMENT

(1.) The petitioner has filed the present petition as a public interest litigation, inter alia, praying as under:

(2.) It is the petitioner's case that a large number of members elected to the Legislative Assembly in the State of Karnataka have been appointed to Boards, Corporations, and other posts with a rank equivalent to that of a Minister and also the associated pecuniary benefits. The petitioner contends that the same violates the second proviso to Article 164(1A) of the Constitution of India, which restricts the total number of Ministers in any State to 15% of the total number of members of the Legislative Assembly of the State, and require that the total number be brought in conformity with the provisions of the said clause within the stipulated period.

(3.) The learned counsel for the petitioner submits that in the present case, there are 224 members in the Karnataka Legislative Assembly and further 75 members in the Legislative Council. He submits that, accordingly, the maximum number of Ministers permitted under Article 164(1A) of the Constitution of India is 33 (15% of 224). Notwithstanding the said limit, approximately 159 persons are drawing remuneration equivalent to that of the Ministers, along with the other attendant benefits, by virtue of their being appointed in various Corporations, Boards, etc.