Karnataka High Court Issues Notice on PIL Against MLA B Shivanna as KSPCB Chairperson

The Karnataka High Court on Thursday issued notices to the State Government and Anekal Congress MLA B Shivanna on a public interest litigation challenging his nomination as Chairperson of the Karnataka State Pollution Control Board. A Division Bench of Justices Anu Sivaraman and K S Bharath Kumar passed the order. The Bench asked the respondents to reply to the petition filed by Bengaluru-based advocate Sudha Katwa.

Selection process questioned

According to the petitioner, the KSPCB rules prescribe a selection committee process for appointment to the post of Chairperson. The rules require an open advertisement inviting candidates in at least three national newspapers. Three suitable candidates must then be identified and recommended for consideration.

In Shivanna's case, the petition alleged, compliance with those mandatory steps had not been demonstrated. No selection committee scrutiny was shown to have been undertaken before the nomination was made. No advertised invitation for the post was shown to have been published in the manner contemplated by the rules. No recommendation of three suitable candidates was shown to have been placed before the appointing authority.

The petition also questioned whether the nominee met the personal qualification prescribed for the office under the Water Act. The Act requires the Board Chairperson to possess special knowledge or practical experience in environmental protection. The petitioner contended it was doubtful whether the nominee possessed that special knowledge or practical experience. She further contended it was doubtful whether the requisite qualification had been examined and established before the nomination was notified.

On these allegations, the Bench has called for the response of the State Government and the MLA to the allegations in the petition. The respondents will place on record their version on the procedure followed for the nomination and on the qualification of the nominee. The petition will be taken up for further consideration after the responses are filed.