Karnataka High Court Stays Resolution By State Public Service Commission Calling For Chairman's Resignation

The Karnataka High Court on Friday [July 10] stayed the operation of a resolution passed by members of the State Public Service Commission (KPSC) calling upon its Chairman Sri Shiva Shankarappa S Sahukar to resign from his post.

The single judge bench of Justice Suraj Govindaraj, hearing the writ petition filed by the Chairman, restrained the respondents from taking any further action pursuant to the resolution passed during the June 19 meeting of the Commission.

“Interim stay granted… In light of Article 317 of the Constitution…Respondents No.1 to Respondents No.11 who are members of the Public Service Commission could not have called upon the appointee of the Governor to resign...”, the court noted as its preliminary observations.

Senior counsel Aruna Shyam appearing for petitioner, referred to Section 5 Karnataka Public Service Commission (Conduct of Business and Additional Functions) Act, and argued that members raising additional agenda was impermissible and contrary to the Act once the Secretary had prepared the agenda and circulated it among the members.

For context, KPSC members passed the impugned resolution under 'Additional Agenda' in June. Significantly, the chairperson had recused himself from the said meeting since one of the agendas of the meeting related to reservation of his daughter for the post of Group 'C' Industrial Extension Officer.

The meeting was then conducted under the chairmanship of the senior-most member and the impugned resolution came to be passed on the allegation that the chairman's daughter had submitted a false 3B caste and income certificate, with incorrect assets and family income.

This was followed by a report to the Chief Secretary and the Governor of the State.

Terming such actions as 'without authority under law and jurisdiction', the petitioner approached the High Court to quash the proceedings initiated against him.

Today the chairperson's counsel argued that Section 7 of the Act mandates that if the chairperson is absent for a meeting, he/she would still have the power to reconsider the decision taken in his absence. Until such time, no action can be taken in pursuance of the aforesaid decision, he said.

He argued that KPSC members lack the power or jurisdiction to pass a resolution forcing the chairperson to resigne. Article 317 of the Constitution exclusively provides for the removal of a chairman or member of a Public Service Commission by the President or the Governor on account of misbehaviour, that too only after a Supreme Court enquiry, he said.

According to the chairperson, there is no provision under Section 5 of Public Service Commission Act for raising additional agenda, yet the members took up an 'Additional Agenda No. 1' and passed the following resolution seeking his resignation from the post on 'moral grounds':

In the plea, it is stated that pursuant to the resolution passed in Additional Agenda, the Chairman's daughter withdrew her application for the industrial extension officer post. After a week, in July 2026, chairman approved all the agendas discussed during the Commission's 6^th Meeting for the year except the 'Additional Agenda 1' calling for his own resignation. The plea adds that the chairman asked the KPSC Secretary to place the resolution infront of the commission for reconsideration under Section 7 of the Act wherein he would also be present. However, as per the plea, the Secretary chose to forward the report which is 'stigmatic in nature' to the Chief Secretary and the Governor on July 6 and 7, 2026 for further action. This particular act of the Secretary, in the opinion of the Chairperson, is in violation of Section 11 of the Act which stipulates that the Secretary cannot, suo motu, forward proposals/reports without the Commission directing him to do such acts.

The matter is next listed on August 11. 

Case Title: Shiva Shankarappas Sahukar v. Dr B Prabhudev & Ors.

Case No: WP 20949/2026