Panchayat Elections: Subject To ₹5 Lakh Cost, Karnataka HC Extends Time To Complete Delimitation Of Wards, Provide OBC Reservation

The bench said,

"Though we are not approving the approach of the State Government and State Delimitation Commission, but only to give opportunity so as to meet the ends of justice, we are extending the period till February 2, 2023. The state government and the State Delimitation Commission shall take all requisite steps before February 1, 2023, so as to complete the entire exercise of delimitation and reservation in respect of upcoming elections of taluka and zilla panchayats, before Jan 31, 2022 and submit a compliance report on the next date of hearing, February 2, 2023."

Further the bench said, "This extension of period is granted subject to depositing a cost of Rs 5 lakh in this court on or before January 28, 2023. Of which Rs 2 lakh is to be deposited with the Karnataka State Legal Service Authority, Rs 2 Lakh with the Advocates Association of Bengaluru and Rs 1 lakh with the Advocates Clerks Welfare Association."

The State Delimitation Commission sought an extension of 90 days for completion of exercise of publication of draft delimitation notification and submitting final delimitation notification. By its order dated September 23, the court had directed the State Government to complete the exercise of delimitation in Taluk and Zilla Panchayats and the exercise of providing reservation to SC, ST, OBC and other categories within a further period of twelve weeks from today, which was to expire on December 16.

On going through the records the bench noted that "If we peruse the orders passed by the court time and again, it reveals that in spite of sufficient time, nearly six months time granted to state government and which is expiring on 16th December 2022, the authorities of state government were moving only with a snail's pace."

Referring to the previous orders dated May 24 and September 29, and also the Apex court order in the case of Suresh Mahajan vs State of Madhya Pradesh, the bench said "On one hand the state government on two occasions prayed for extension of period. On the second occasion, 23-09-2022 it was an assurance to this court through the Advocate General that the state government will complete the entire exercise in coordination with State Election Commision within 12 weeks. Now on the other hand the new party to the petition ie the State Delimitation Commission, pray for further extension of period of 3 months."

It added "Very interestingly the very same applicant–State Delimitation Commission in its earlier communication dated 19-09-2022, prayed for 3 months period to submit final report in regards to taluks and zilla panchayats and on the basis of the very said letter the earlier application was filed by the state government for seeking an extension of time."

Following which it observed "Thus we may not hesitate to state that the approach of the state government as well as the state delimitation commission is not very positive so as to take appropriate steps and follow the mandate of the law as well as directions of the Apex court. But the approach seems to be by one excuse or another excuse to extend the period and make the orders of this court ineffective."

The directions were given while hearing a petition filed by the Karnataka State Election Commission (SEC). 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.

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

Case No: WP 20426/2021