Karnataka High Court notice to government on plea against appointing MLA as chairperson of KSPCB  -OxBig News Network

The High Court of Karnataka has ordered issue of notice to the State government on a PIL petition questioning the legality of appointment of Congress MLA P.M. Narendraswamy as chairperson of the Karnataka State Pollution Control Board (KSPCB).

A Division Bench comprising Chief Justice N.V. Anjaria and Justice M.I. Arun passed the order on the petition filed by R. Anjaneya Reddy of Chickballapur.

The petitioner pointed out that appointment of a politician as head of an expert body like KSPCB is contrary to the Section 4(2)(a) of the Water (Prevention And Control Of Pollution) Act and Section 5(2)(a) of the Air (Prevention And Control Of Pollution) Act, which specifies certain technical and administrative qualification for holding the post of chairperson.

The appointment of a MLA is also contrary to the judgments of the apex court as well as the High Court, which have deliberated on technical qualification to be possessed by a person for heading the pollution control board.

Pointing out that the government, acting on the court’s earlier direction, had in 2023 framed guidelines for selection and appointment to the post of chairperson by prescribing certain qualification, the petitioner said that the government in December 2024, had superseded the guidelines and introduced the “Karnataka State Pollution Control Board (Manner of Nomination and other Terms and Conditions of Service of Chairman and Members and Appointment of Member Secretary ) Rules, 2024. However, the new rule does not specify any academy qualification for the post of chairperson, the petitioner said.

The petitioner already challenged the validity of Rules of 2024 in another petition, which is pending for adjudication before the court. Both the petitions will now come up for further hearing on March 17.