Panchayat Elections: Karnataka High Court Directs State To Complete Delimitation Of Wards, Provide OBC Reservation In 12 Weeks

A division bench of Chief Justice Ritu Raj Awasthi and Justice Ashok S Kinagi while hearing a petition filed by the Karnataka State Election Commission (SEC) also said,

"The State Election Commission shall thereafter within one week start the process for holding elections to taluka and Zilla Panchayats. The State government shall complete the aforesaid exercise positively within 12 weeks and shall not seek any further time."

The SEC had approached the court challenging the Karnataka Gram Sabha and Panchayat Raj Amendment Act, 2021. A direction was sought that the process and steps that have already been commenced for holding election to all of the taluk and zilla panchayats in state of Karnataka in pursuance of the final notification dated 30-03-2021 and draft reservation pursuant to the notification, be continued and completed expeditiously.

Senior Advocate K.N. Phanindra appearing for the SEC relied on the judgment of the Apex court in the case of Suresh Mahajan vs State of Madhya Pradesh, wherein vide order dated 10^th May 2022 it is directed that the Election Commission shall complete the election process without waiting for completion of delimitation exercise or be it the triple test formality. The declaration of the election program cannot be delayed by the election commission beyond a period of five years. If the delimitation is not done by state government or triple test completed in all aspects for providing reservation, SEC shall give effect to direction issued by Apex court with respect to elections of local bodies.

Advocate General Prabhuling K Navadgi submitted that the Apex court in the case of State of Karnataka vs M Shivaraju vide order dated dated 20th May, while considering matter related to elections to the BBMP, has taken into consideration for appointment of commission for delimitation of wards by state government and also considered the dedicated commission for providing reservation including reservation for OBC category. The Apex court in its order dated 20^th May, has provided 8 weeks time for completion process of issue of delimitation of wards and also the commission of exercise of reservation for OBC, in the same period.

He prayed for 12-weeks time to be provided to the State government to complete the exercise of delimitation of wards as well as the exercise of providing reservation to OBC category on the triple test basis.

Following which the court granted the state government 12 weeks time to complete the process of delimitation and reservation. It has now posted the matter after 3 months.

Case Title: The State Election Commission Karnataka v. State of Karnataka

Case No: WP 20426/2021