The Karnataka High Court has held that Vishwanath stands disqualified under the anti-defection law and hence cannot be inducted into the state cabinet.
Vishwanath has incurred disqualification under Article 164 (1B) and Article 361 (B) of the Indian Constitution.
Vishwanath had been appointed as the Member of the Legislative Council (MLC) despite the fact that Vishwanath had lost the bye-poll held for the State Legislative Assembly.
Already he was disqualified as per the Supreme Court judgement in 2019.
It was argued that a disqualified member can become eligible to hold the position of a minister only if they win the bye-elections from the same constituency.