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2026 DAILYLAW 22010 (KAR)

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

WP/104679/2026 · 2026-06-16

K S Hemalekha

Public Interest Litigationbody2026

Judgment text

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- 1 - 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 Digitally signed by MAHALAKSHMI B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:29066-DB WP No. 104679 of 2026 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. - 3 - HC-KAR NC: 2026:KHC:29066-DB WP No. 104679 of 2026 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 - 4 - HC-KAR NC: 2026:KHC:29066-DB WP No. 104679 of 2026 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 - HC-KAR NC: 2026:KHC:29066-DB WP No. 104679 of 2026 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