Bengaluru: The high court Wednesday ordered notice to suspended KPSC chairperson Shivashankarappa S Sahukar and others in response to a writ appeal filed by the governor’s office, challenging the order passed by a single bench.A division bench comprising Chief Justice Vibhu Bakhru and Justice KS Hemalekha also ordered notice to the secretary, KPSC and principal secretary, DPAR, in response to the writ appeal filed by special secretary to governor of Karnataka, challenging the Aug 18 order quashing the suspension order dated July 10, 2026 and directing for for reinstatement of Shivashankarappa as chairperson of KPSC with all consequential benefits.Since Shivashankarappa has been again suspended after single bench’s order pursuant to a recommendation made by the state cabinet, the appellant had not pressed for stay on single bench’s order.The single bench had opined that since the governor has passed the first suspension order on July 10, 2026 without the aid and advice of the council of ministers (state cabinet) and thus violated the requirement enunciated under Article 317 of the constitution of India.Single bench order vitiated by multiple errors: Governor’s officeAccording to the governor’s office, the single bench had erred in failing to consider the post facto concurrence/ratification given by the state cabinet on July 19, 2026, in respect of the suspension order issued on July 10, 2026.“It is true that the governor has to act on the aid and advice of the council of ministers. However, given the urgency surrounding the KPSC issue and the public outcry over it, the governor placed respondent No. 1, Shivashankarappa, under suspension pending ratification of the order, to restore public confidence in the Public Service Commission,” the appellant stated.The governor’s office contended that the single bench failed to consider that, in cases requiring immediate action to protect a constitutional body such as the KPSC, the governor may take urgent executive action pending ratification by the cabinet.The appellant further stated that on Aug 14, 2026, President Droupadi Murmu referred the matter to the Supreme Court under Article 317(1) of the Constitution to consider allegations of misconduct and misbehaviour against Shivashankarappa.The impugned judgment of the single bench is vitiated by multiple errors and constitutional misinterpretation and the reinstatement of Shivashankarappa pending the proceedings before the Supreme Court under Article 317, gravely imperils the integrity and independent functioning of KPSC, the governor’s office submitted while seeking intervention of the division bench in the matter .
