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SHRI MANGALAPPA S/O TIPPANNA HULLIKERI v. THE STATE OF KARNATAKA

Karnataka High Court
Jun 16, 2026

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HC-KAR NC: 2026:KHC:29066-DB WP No. 104679 of 2026

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 16TH DAY OF JUNE, 2026

PRESENT

THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE

AND

THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.104679 OF 2026 (GM-RES-PIL)

BETWEEN:

SHRI MANGALAPPA

S/O TIPPANNA HULLIKERI

AGE: 45 YEARS,

OCC: P.SERVICE

R/O NEAR SHIVAPPA KOUJAGANUR,

KATAGI HADDE, GIRANI CHALA,

HUBBALLI, TQ. HUBBALLI,

DIST. DHARWAD-PIN-580020. …PETITIONER

(BY SRI. HEMANTHKUMAR LAKSHMAPPA HAVARAGI, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA

REPRESENTED BY CHIEF SECRETARY

VIDHANA SOUDHA, BENGALURU-560001.

2. THE SECRETARY

KARNATAKA STATE LEGISLATIVE ASSEMBLY

VIDHANA SOUDHA, BENGALURU-560001.

3. SHRI D.K. SHIVAKUMAR

THE CHIEF MINISTER OF KARNATAKA

VIDHANA SOUDHA, BENGALURU-560001.

4. DR. G. PARAMESHWAR

THE DEPUTY CHIEF MINISTER OF KARNATAKA

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KARNATAKA STATE LEGISLATIVE ASSEMBLY

VIDHANA SOUDHA, BENGALURU-560001.

5. SHRI K.H. MUNIYAPPA

THE COUNCIL MINISTER OF KARNATAKA

KARNATAKA STATE LEGISLATIVE ASSEMBLY

VIDHANA SOUDHA, BENGALURU-560001.

6. SHRI K.J. GEORGE

THE COUNCIL MINISTER OF KARNATAKA

KARNATAKA STATE LEGISLATIVE ASSEMBLY

VIDHANA SOUDHA, BENGALURU-560001.

7. SHRI M.B. PATIL

THE COUNCIL MINISTER OF KARNATAKA

KARNATAKA STATE LEGISLATIVE ASSEMBLY

VIDHANA SOUDHA, BENGALURU-560001.

8. SHRI RAMALINGA REDDY

THE COUNCIL MINISTER OF KARNATAKA

KARNATAKA STATE LEGISLATIVE ASSEMBLY

VIDHANA SOUDHA, BENGALURU-560001.

9. SHRI SATISH JARAKIHOLI

THE COUNCIL MINISTER OF KARNATAKA

KARNATAKA STATE LEGISLATIVE ASSEMBLY

VIDHANA SOUDHA, BENGALURU-560001.

10. SHRI KRISHNA BYREGOWDA

THE COUNCIL MINISTER OF KARNATAKA

KARNATAKA STATE LEGISLATIVE ASSEMBLY

VIDHANA SOUDHA, BENGALURU-560001.

11. SHRI PRIYANKA KHARGE

THE COUNCIL MINISTER OF KARNATAKA

KARNATAKA STATE LEGISLATIVE ASSEMBLY

VIDHANA SOUDHA, BENGALURU-560001.

12. SHRI U.T. KHADER

THE COUNCIL MINISTER OF KARNATAKA

KARNATAKA STATE LEGISLATIVE ASSEMBLY

VIDHANA SOUDHA, BENGALURU-560001.

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13. SHRI ESHWAR KHANDRE

THE COUNCIL MINISTER OF KARNATAKA

KARNATAKA STATE LEGISLATIVE ASSEMBLY

VIDHANA SOUDHA, BENGALURU-560001.

14. SHRI YATHINDRA SIDDARAMAIAH

THE COUNCIL MINISTER OF KARNATAKA

KARNATAKA STATE LEGISLATIVE ASSEMBLY

VIDHANA SOUDHA, BENGALURU-560001.

15. SHRI BYRATHI SURESH

THE COUNCIL MINISTER OF KARNATAKA

KARNATAKA STATE LEGISLATIVE ASSEMBLY

VIDHANA SOUDHA, BENGALURU-560001.

16. SHRI SHARAN PRAKASH PATIL

THE COUNCIL MINISTER OF KARNATAKA

KARNATAKA STATE LEGISLATIVE ASSEMBLY

VIDHANA SOUDHA, BENGALURU-560001. …RESPONDENTS

(BY MS. NILOUFER AKBAR, ADDITIONAL GOVERNMENT

ADVOCATE)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227

OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE ANY OTHER

WRIT IN THE NATURE CERTIORARI OR DIRECTION OR

MANDAMUS OR TO STRUCK DOWN THE 14 COUNCIL MINISTER

INCLUDING CHIEF MINISTER OF KARNATAKA AS COUNCIL

MINISTERS UNDER ARTICLE 164(1A) OF THE CONSTITUTION OF

INDIA AS UNCONSTITUTIONAL, FROM 03/06/2026 TO TILL

COMPLIANCE OF UNDER ARTICLE 164(1A) OF THE CONSTITUTION

OF INDIA AND ETC.

THIS PETITION COMING ON FOR PRELIMINARY HEARING,

THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and

HON'BLE MRS. JUSTICE K.S. HEMALEKHA

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ORAL ORDER

(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)

1. The petitioner has filed the present petition, inter alia, praying as under:

"a. Issue any other writ in the nature certiorari or direction or mandamus or to struck down the 14 Council Minister including Chief Minister of Karnataka as Council Ministers under Article 164(1A) of the Constitution of India as unconstitutional, from 03/06/2026 to till compliance of under Article 164(1A) of the Constitution of India. b. Issue any other writ or direction, which this Hon'ble Court deems fit under the facts and circumstances of the case, in the interest of justice and equity."

2. We note that the petitioner has also arrayed all the Ministers, who were recently sworn in, as respondents. The present petition is premised on an erroneous ground that the number of Ministers, including the Chief Minister, in the Council of Ministers cannot be less than 12% of the total number of members of the Karnataka Legislature.

3. A plain reading of the proviso to Clause (1A) of Article 164 of the Constitution of India states that the number of Ministers, including the Chief Minister, in a State shall not be less than twelve and not 12% of the total number of members, as contended by the

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petitioner. The present petition is premised on an ex facie erroneous assumption.

4. We are of the view that the present petition has been essentially filed to seek publicity and is an unjustifiable imposition on judicial time.

5. In view of the above, the petition is dismissed with costs quantified at `50,000/- (Rupees fifty thousand only). The costs shall be deposited with the Karnataka State Legal Services Authority within a period of two weeks from date.

6. At this stage, the learned counsel for the petitioner seeks to withdraw the present petition and the same is declined.

Sd/-

(VIBHU BAKHRU)

CHIEF JUSTICE

Sd/-

(K.S. HEMALEKHA)

JUDGE

MBM

List No.: 2 Sl No.: 17