The High Court of Karnataka on Monday ordered issue of notice to the State government on a PIL questioning the appointing of 10 MLAs and one MLC as Parliamentary Secretaries and giving them benefits of Ministers of State.
A Division Bench, comprising acting Chief Justice Subhro Kamal Mukherjee and Justice Ravi Malimath, passed the order on the petition filed by P. Prasanna Kumar of Karnataka Janata Party.
The petitioner contended that the appointment of Parliamentary Secretaries in the rank of Ministers of State is a violation of Article 164 of Constitution as it restricts total number of Ministers, including Chief Minister, Cabinet and Ministers of State rank, to 15 per cent of total members of the respective Legislative Assembly.
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Also, counsel pointed out that a Division Bench of the Calcutta High Court in June last year had struck down the appointment of Parliamentary Secretaries by the West Bengal government because it violated Article 164.
The Bench adjourned further hearing and asked government counsel to take instruction from the State on the Calcutta High Court’s verdict.