Was Governor's Decision To Suspend KPSC Chairman Based On 'Aid and Advice' Of Council Of Ministers? Karnataka High Court Asks State

The Karnataka High Court on Friday [July 17] directed the State Government to inform whether the Governor's decision to suspend Karnataka Public Service Commission (KPSC) Chairman Shiva Shankarappas Sahukar was taken with the 'aid and advice' of the Council of Ministers.

The single judge bench of Justice Suraj Govindaraj was hearing a writ petition filed by Sahukar, who has been suspended by the Governor following a resolution by KPSC members seeking his resignation.

The Court allowed an impleadment application brought by the petitioner, bringing the State of Karnataka, represented by its Principal Secretary, Department of Personnel and Administrative Reforms (DPR), on record as Respondent No.3. The Additional Government Advocate accepted notice for the newly impleaded State.

The petitioner had also raised an additional ground challenging the suspension on the basis that it was done without the 'aid and advice of the council of ministers'.

Justice Govindaraj noted, 'He [Sahukar] has raised that as an additional ground, without 'aid and advice of the State'.

To this the counsel for KPSC said:

 “...If anybody can object, it is the State which has to object. Because all judgments about government powers arise when without State's aid and advice, the Governor has exercised powers”.

When the Court asked the State's counsel whether there was aid and advice, the Additional Government Advocate (AGA) sought time to obtain instructions.

“…We won't go by oral instruction”, the Judge observed, while granting the State's request. Hence, the AGA was asked to place necessary documentation with respect to the additional grounds raised by the petitioner in his application. 

The Court directed that the matter be relisted on July 20 and the respondents were granted liberty to file their statement of objections by that date.

The principal issue in the writ concerned the Governor's power to suspend the Chairman before a presidential reference under Article 317(2).

On July 10 the court had stayed the June 19 resolution passed by members of the KPSC calling upon the Chairman to resign from his post.

In the previous hearing the high court had clarified that its interim stay on the KPSC's June 19 resolution would operate only in respect of the "Additional Agenda" item calling upon Chairman, Shiva Shankarappa S. Sahukar, to resign, and would not extend to the other thirteen agenda items from which he had recused himself.

The controversy stems from a June 19 meeting of the KPSC during which Sahukar had recused himself because one of the agenda items related to allegations concerning the reservation benefits availed by his daughter in her appointment as a Group 'C' Industrial Extension Officer. The meeting was thereafter presided over by the senior-most member.

During the meeting, KPSC members introduced an "Additional Agenda" item alleging that Sahukar's daughter had submitted a false caste and income certificate and calling upon him to resign. A report was subsequently forwarded to the Chief Secretary and the Governor.

Case Title: Shiva Shankarappas Sahukar v. Special Secretary & Anr.

Case No: WP 21376/2026