Public office not a consolation prize for defeated politicians: Karnataka High Court

The High Court of Karnataka has quashed the constitution of an additional committee for considering applications for the regularisation of unauthorised occupation of government lands in the Byndoor Assembly constituency in Udupi district under the chairmanship of K. Gopal Poojary, former Congress Party MLA, acting on his letter in which he recommended himself for the post of chairperson of the additional committee.

A division bench comprising Justice D.K. Singh and Justice H. Shanthi Bhushan passed the order while allowing an appeal filed by Bydoor constituency’s present MLA, Gururaj Gantihole, who had challenged a single judge’s order dismissing his plea against the constitution of an additional committee headed by Mr. Poojary.

Curiously, the main committee, headed by Mr. Gantihole, for considering such applications was assigned half the number of applications that were assigned to the additional committee headed by Mr. Poojary, the Bench noted.

Letter to Minister

The Bench pointed out that Mr. Poojary had written a letter in November 2023 to the then Udupi district in-charge Minister, stating that over 33,000 such applications are pending in the Assembly constituency and even recommended the names of three persons for the posts of members of the additional committee while proposing himself for the post of its chairperson.

The then district in-charge Minister had forwarded Mr. Poojary’s letter to the then Revenue Minister. Acting on his instructions, the government, on December 4, 2023, constituted the additional committee as desired by Mr. Poojary and made him chairperson of the additional committee.

However, the Bench noted that though the Karnataka Land Revenue Act allows the constitution of an additional committee, with the main committee headed by the MLA of the respective constituency, the government independently assessed the need for an additional committee but merely acted on Mr. Poojary’s letter.

The Bench also observed that power was entrusted to public authorities to serve the people, “not to provide a refuge for those who have lost their political standing. Public office cannot be treated as a consolation prize for a defeated politician, nor can it be converted into a reward for political loyalty.”

Indirect route

“…after failing to secure election as MLA from the Byndoor constituency, Mr. Poojary sought to obtain a position of authority through the constitution of an additional committee by making a request to the then Minister for Revenue… What could not be secured through the election appears to have been pursued through an indirect route. The additional committee was intended to serve the statutory purpose of considering applications for grant of land. Its constitution cannot be founded on a defeated politician’s personal desire to acquire power or office,” the Bench observed.

Meanwhile, the Bench directed the government to frame guidelines for appointing a chairperson to the additional committee to ensure that appointments were made on relevant considerations and in furtherance of the statutory purpose, without being influenced by extraneous or personal considerations.