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
- 5 -
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