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Eight people i.e., MP Renukacharya, Mahadev Prakash, Mohan A Limbikai, Sunil GS, Shanargowda Patil, MB Marmakl, and Lakshminarayana, were appointed as advisors to the CM of Karnataka, BS Yediyurappa, had a PIL was filed against them in the Karnataka HC. The petition claimed that the 8 people were appointed as cabinet advisors according to the government order. And the said appointments were made as per Article 164 of the Indian Constitution nevertheless there was no legislative backing for the said appointments the petition claimed. According to Article 164(1)A, the number of Council of Ministers cannot exceed 15% of the total number of members present in the house. While Karnataka legislative assembly has 224 members, the council of Ministers should be 34 in number, which is not the case.
The Petition stated that all the appointed members have already been given a post of ministers and all the allowances relating to the same by the government and again appointing them as personal advisors to the CM would defeat the object of Article 164A. The petition claimed that what is not allowed to do directly under Article 164A, has been done by the government indirectly making it colorable legislation. The petition state that since the government cannot appoint all the party members as Misters the Karnataka government has come up with the post of “advisors”
When the matter came before the divisional bench consisting of CJ Abhay Shreeniwas Oka and justice Sachin Shankar the court took cognizance of the matter and issued a notice to the government to file a reply to the said petition. The present petition had been filed by an NGO known as Samaj Parivarthan Samudaya in the form of Public Interest Litigation. The matter has been listed to the 22nd of February.
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