Case Note & Summary
The petitioner, Chairman of the Karnataka Public Service Commission (KPSC), filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 10.07.2026 passed by the Governor of Karnataka suspending him from office under Article 317(2). The petitioner had been serving as Chairman since 03.04.2021. On 17.06.2026, the Secretary of KPSC issued notice of the 6th Commission meeting scheduled for 19.06.2026. The agenda included a matter relating to the petitioner's daughter's application for the post of Group-C Industrial Extension Officer. The petitioner recused himself and requested the senior-most member to conduct the meeting. The Commission resolved to reject the daughter's 3B certificate and permanently debarred her from KPSC examinations. Thereafter, the members considered an additional agenda calling upon the petitioner to resign from the post of Chairman. Under Section 7 of the Karnataka Public Service Commission (Conduct of Business and Additional Functions) Act, 1959, the petitioner responded on 03.07.2026, accepting resolutions on agenda items 1 to 13 with changes, but rejecting the additional agenda and directing the Secretary to place it before the Commission for reconsideration. Despite this, the Secretary forwarded a report to the Chief Secretary and the Governor on 06.07.2026 and 07.07.2026. The petitioner challenged the resolution and forwarding of the report in WP No.20949/2026. On 10.07.2026, the High Court stayed the resolution dated 19.06.2026 and the communications dated 06.07.2026 and 07.07.2026. On the same day, the Governor passed the impugned suspension order, noting that he had already recommended to the President on 09.07.2026 to make a reference to the Supreme Court under Article 317(1) and that pending the President's decision it was necessary to prevent the petitioner from attending office and day-to-day functioning. The petitioner contended that the Governor had no jurisdiction to suspend him because no reference had yet been made by the President to the Supreme Court. He relied on Article 317(2) which permits suspension only after a reference has been made. He also argued that removal of a Chairman can only be by the President under Article 317(1) or 317(3) after Supreme Court report, and that suspension without reference and without natural justice was invalid. He further raised the question whether the Governor could act without the aid and advice of the Council of Ministers as required by Article 163, and whether ex-post facto approval by the Council of Ministers could cure the defect. The High Court heard arguments and reserved orders on 27.07.2026. The available text does not include the final operative decision.
Headnote
A) Constitutional Law - Suspension of Public Service Commission Chairman - Article 317(2) of Constitution of India - Governor's power to suspend State Commission Chairman arises only after reference made by President to Supreme Court under Article 317(1). Petitioner contended impugned suspension order dated 10.07.2026 was passed without such reference and hence without jurisdiction. Court considered condition precedent and reserved orders (Paras 3.8-3.15).
B) Constitutional Law - Removal and Suspension of Chairman - Articles 317(1), 317(2), 317(3) of Constitution of India - Removal of Chairman only by President on ground of misbehaviour after Supreme Court report; suspension by Governor only after reference; no other authority can remove or suspend. Petitioner argued impugned order contravened Article 317. Court examined scheme of removal and suspension (Paras 3.10-3.13).
C) Constitutional Law - Natural Justice - Show-cause notice and hearing before suspension - No notice or opportunity was afforded to petitioner before suspension order. Petitioner contended violation of principles of natural justice. Court noted argument but final decision not available in provided excerpt (Para 3.16).
D) Constitutional Law - Governor's Exercise of Power - Article 163 of Constitution of India - Governor must act on aid and advice of Council of Ministers; ex-post facto ratification may not substitute prior aid and advice. Petitioner raised issue whether ratification can cure absence of prior advice. Court considered points for determination (Paras 3.19).
E) Administrative Law - Writ Jurisdiction - Articles 226 and 227 of Constitution of India - Writ of certiorari sought to quash suspension order. Earlier interim stay granted in WP No.20949/2026 against resolution and communications. Court heard arguments and reserved orders on 27.07.2026 (Paras 1-2, 3.7-3.8).
Issue of Consideration
Whether Governor could suspend Chairman of Karnataka Public Service Commission under Article 317(2) without prior reference to Supreme Court by President under Article 317(1); whether Governor could act without aid and advice of Council of Ministers under Article 163; whether ex-post facto approval by Council of Ministers can validate suspension; whether suspension order violated principles of natural justice
Law Points
- Suspension of Chairman of State Public Service Commission under Article 317(2) requires prior reference by President to Supreme Court under Article 317(1)
- Governor cannot suspend without such reference
- removal of Chairman only by President after Supreme Court report
- natural justice requires show-cause notice and hearing before suspension
- Governor must act on aid and advice of Council of Ministers under Article 163
- ex-post facto ratification may not cure lack of prior aid and advice
- writ of certiorari under Articles 226 and 227 lies to challenge jurisdictional error in suspension order
Case Details
2026 LawText (KAR) (08) 64
Writ Petition No. 21376 of 2026 (GM-RES)
Arun Shyam M., Suyog Herle, Dilip Kumar Gowda R., Udya Holla, Abhishek Kumar, Shilpa G, Chethan Kumar, Varun Gowda, Ruben Jacob, Muhammed Shamil, K. Shashi Kiran Shetty, Mithun Gerahalli, Rachel Raju Alice, Shamanth Naik
Sri. Shiva Shankarappa S Sahukar
1. The Special Secretary to His Excellency Hon'ble Governor of Karnataka, 2. The Secretary Karnataka Public Service Commission, 3. The State of Karnataka represented through Principal Secretary DPAR
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India challenging the Governor's order suspending the Chairman of Karnataka Public Service Commission.
Remedy Sought
Petitioner sought a writ of certiorari to quash the suspension order dated 10.07.2026 and all further proceedings/actions pursuant thereto.
Filing Reason
Petitioner was suspended by the Governor on the ground of pending reference to the President under Article 317(1) and alleged misconduct; petitioner contended the Governor lacked jurisdiction because no reference had been made to the Supreme Court.
Previous Decisions
On 10.07.2026, this Court in W.P. No.20949/2026 stayed the operation of the KPSC resolution dated 19.06.2026 and the communications dated 06.07.2026 and 07.07.2026. Amendment carried out on 17.07.2026 adding State of Karnataka as respondent.
Issues
Whether His Excellency the Hon’ble Governor could have suspended the Petitioner/Chairman, KPSC in exercise of Power under the Article 317(2) of the Constitution of India in the absence of OR before the reference to Hon’ble Supreme Court by Her Excellency Hon’ble President of India in exercise of power under Article 317(1) of the Constitution of India?
Whether His Excellency Hon’ble Governor could act or suspend the Petitioner/Chairman, KPSC in exercise of power under the Article 317(2) of the Constitution of India without the aid and advice of the Council of Ministers of the State as contemplated under Article 163 of the Constitution of India?
Whether the ex-post facto approval/ratification by the Council of Ministers of State can be treated as OR considered as aid and advice of Council of Ministers of State to His Excellency as mandated under Article 163 of the Constitution of India?
Whether ex-post facto approval or ratification of the impugned order
Submissions/Arguments
Petitioner contended that he had recused from the meeting discussing his daughter's application and that the Commission debarred his daughter and then called for his resignation.
Petitioner argued that under Section 7 of the Karnataka Public Service Commission Act, 1959, he had accepted agenda items 1-13 and rejected the additional agenda, but the Secretary still forwarded the report to the Governor.
Petitioner submitted that the Governor could not suspend him under Article 317(2) because no reference had been made by the President to the Supreme Court under Article 317(1).
Petitioner contended that the suspension order violated principles of natural justice as no show-cause notice or hearing was afforded.
Petitioner argued that the Governor acted without the aid and advice of the Council of Ministers as required by Article 163, and that ex-post facto approval cannot cure the defect.
Petitioner alleged that the Governor acted on newspaper reports and complaints without any inquiry or prima facie finding.
Judgment Excerpts
The Petitioner is the Chairman of the Karnataka Public Service Commission (‘ KPSC’ for short). His Excellency, the Hon'ble Governor of the State of Karnataka, vide order dated 10.07.2026, had suspended the Petitioner from the office of Chairman.
the power of suspension under Article 317(2) can be exercised by the Hon’ble Governor only after a reference has been made by the Hon’ble President to the Hon’ble Supreme Court under Article 317(1).
His Excellency the Hon’ble Governor of Karnataka had on 10.07.2026, passed the impugned order bearing No.GS 28 ADM 2026, noting that he has already recommended to the Hon’ble President of India to make a reference to the Hon'ble Supreme Court of India under Article 317(1) of the Constitution of India for necessary enquiry into the allegation made against the Petitioner vide Letter No.GS 28 ADM 2026 dated 09.07.2026, was of the opinion that pending the decision of the Hon'ble President of India into allegation of misconduct, it is necessary to prevent the Petitioner-Chairman, KPSC from attending the office and day-to-day functioning of the Commission had suspended the Petitioner under the spirit of Article 317(2) of the Constitution of India until further orders of the Hon'ble President of India and directed the next Senior Most Member of the KPSC to act as the Chairman of the Commission until further orders.
Procedural History
Petitioner was serving as Chairman of KPSC from 03.04.2021. On 17.06.2026, Secretary issued notice of 6th Commission meeting scheduled for 19.06.2026. On 19.06.2026, meeting held; agenda item 4 concerned petitioner's daughter's application; Commission rejected her 3B certificate and debarred her; additional agenda called for petitioner's resignation. On 03.07.2026, petitioner responded under Section 7 of KPSC Act, accepting agenda 1-13 with changes and rejecting additional agenda. On 06.07.2026 and 07.07.2026, Secretary forwarded report to Chief Secretary and Governor. On 09.07.2026, Governor recommended to President to make reference under Article 317(1). On 10.07.2026, High Court in WP No.20949/2026 stayed resolution and communications; same day Governor issued suspension order No.GS 28 ADM 2026. On 17.07.2026, amendment carried out adding State of Karnataka as respondent. On 27.07.2026, matter reserved for orders. On 18.08.2026, order pronounced.
Acts & Sections
- Constitution of India: Articles 226, 227, 317(1), 317(2), 317(3), 163, 145
- Karnataka Public Service Commission (Conduct of Business and Additional Functions) Act, 1959: Section 7
