'Publicity Stunt': Karnataka High Court Rejects Plea Challenging DK Shivakumar's Appointment As CM, Imposes ₹50,000 Costs

The Karnataka High Court on Tuesday [June 16] dismissed a PIL challenging the constitutionality of the newly formed Council of Ministers headed by Chief Minister D.K. Shivakumar, imposing costs of Rs 50,000 on the petitioner for what it called a 'publicity stunt' and an 'unjustifiable use of the judiciary's time'.

A Division Bench comprising Chief Justice Vibhu Bakhru and Justice K.S. Hemalekha dismissed the petition filed by Mangalappa Hullikeri, claiming to be a 45 year old public worker, who had sought a direction to strike down the 14-member council of ministers— as unconstitutional under Article 164(1A) of the Constitution of India.

“ …The present petition is premised on the erroneous ground that the number of ministers including CM in a council of ministers cannot be less than 12 per cent of the Karnataka Legislature...A plain reading of the proviso states... the proviso to clause (1A) of Article 164 of the Constitution of India states that number of ministers including Chief Minister in a State shall not be less than twelve. The premise that the number of Ministers cannot be less than 12 per cent as argued by the petitioner renders the present petition on an ex-facie erroneous presumption…" the Court observed.

The Bench also refused petitioner's oral request for permission to withdraw the petition, stating that such indulgence could not be granted for frivolous pleas.

"…The present petition is filed for publicity and is an unjustifiable use of the judiciary's time. The petition is dismissed with costs quantified at ₹50,000 to be deposited with the Karnataka State Legal Services Authority (KLSA) within two weeks. The petitioner sought permission to withdraw the petition. The same is declined," the Court ordered.

For context, Article 164(1A) of the Constitution of India, inserted by the Constitution (91^st Amendment) Act, 2003 states as follows:

"(1A) The total number of Ministers, including the Chief Minister, in the Council of Ministers in a State shall not exceed fifteen per cent of the total number of members of the Legislative Assembly of that State:

Provided that the number of Ministers, including the Chief Minister in a State shall not be less than twelve."

The petitioner had approached the High Court seeking a writ of certiorari or mandamus to strike down the Council of Ministers which was sworn in on June 3, 2026, along with an interim order staying the functioning of the ministry.

The Division Bench, however, noted that the entire petition was founded on a misinterpretation of Article 164(1A) of the Constitution. The petitioner had contended that the number of ministers, including the Chief Minister, in a State should not be less than 12 per cent of the total strength of the Legislative Assembly.

Karnataka's current Council of Ministers has 14 ministers, including the Chief Minister and Deputy Chief Minister G. Parameshwara.

Case Title: Mangalappa Hullikeri v. State of Karnataka

Case No: WP 17310/2026