The Karnataka High Court has on August 18[ Tuesday] quashed the suspension of the Karnataka Public Service Commission (KPSC) Chairman Shivasankarappa Sahukar, holding that the order was passed without the constitutionally mandated 'aid and advice' of the Council of Ministers under Articles 163 and 166. [2026 LiveLaw (Kar) 307]

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

“…The impugned suspension order dated 10.07.2026, bearing No. ... passed in purported exercise of power under Article 317(2) of the Constitution of India and communicated by respondent No. 2, is hereby quashed. As a consequence, the respondents are directed to reinstate the petitioner as the Chairman of the KPSC within 7 days from the date of receipt of a copy of this order. The petitioner, upon reinstatement, is entitled to function and officiate as the KPSC Chairman and is entitled to all consequential arrears and monetary benefits flowing from the service….”, the court noted initially in the order.

The controversy arose from allegations concerning the reservation benefits availed by Sahukar's daughter in her appointment as a Group 'C' Industrial Extension Officer. Sahukar had recused himself from the relevant agenda item at a June 19 KPSC meeting, following which the senior-most member presided over the proceedings. KPSC members subsequently introduced an additional agenda item alleging that his daughter had submitted false caste and income certificates and calling upon Sahukar to resign.

While partly allowing Sahukar's petition, the Court restrained him "from taking any decision or causing anyone to act in any particular manner in respect of action proposed to be taken by KPSC against his daughters”.

“…The judgment only decides the constitutional validity of impugned order of suspension and doesn't decide in one way or the other truth about the allegations against the petitioner or the daughters”, the Court stated further in the order.

The Bench clarified that the quashing of the suspension order would not preclude the competent constitutional authorities from proceeding afresh if they are so advised.

“…It will be open to competent constitutional authorities to proceed afresh, if so advised, strictly in accordance with constitution, and as per the law declared in this judgement, i.e., under the prior aid and advice of Council of Ministers, that an order under Article 317(2) be made,” the Court stated.

Justice Govindaraj orally noted before dictating the order that while even without a reference being made, in view of the law laid down by the courts, suspension could be imposed. However, the order in the present case was unsustainable as it was passed without the "aid and advice" of the Council of Ministers, the court added.

Earlier today, the court was told by the state that a fresh reference for suspension has been made on August 14 against the Chairman.

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 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'.

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.

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

Case No: WP 21376/2026

Citation: 2026 LiveLaw (Kar) 307