BBMP Elections : Supreme Court Asks Karnataka Government To Publish Ward Wise Reservation List Within One Week

"We direct the State Govt. to immediately notify ward wise reservation chart to facilitate the SEC to initiate appropriate steps for ensuring constitution of local bodies within a reasonable time frame strictly in accordance with the provision of act and other constitutional parameters…Within one week from today the State will publish."

In the event there is any delay on the part of the State Election Commission in initiating the process, a Bench comprising Justices A.M. Khanwilkar and J.B. Pardiwala, granted liberty to the aggrieved persons to approach the Court as and when required.

"In case there is grievance regarding delay in initiation of process by SEC in any local body, it would be open to the aggrieved person to approach the court if and when necessary."

Advocate General, Karnataka, Mr. Prabhuling K Navadgi apprised the Bench that in compliance with its order dated 20.05.2022, the State Government completed the delimitation process on 09.06.2022 and published the delimitation notification on 14.07.2022.

On 20.05.2022, the Bench had asked the State Government to complete the process of delimitation of wards for BBMP and to notify the same within a period of eight weeks. It had also asked the Karnataka State Election Commission to commence the preparatory exercise for conducting elections to install the newly elected body within one week from the date of notification of delimitation of wards and/or determination of reservation to be provided for OBC, whichever is later.

Mr. Navadgi also informed the Bench that the Dedicated Commission bestowed with the duty to identify backwardness in political representation has submitted its report to the State Government on 21.07.2022.

Justice Khanwilkar reckoned that the publication of the delimitation notification took more than a month, maybe because the State Government was awaiting the report of the Dedicated Commission.

"Your publication of notification, why did it take more than one month. It was because you were waiting for the dedicated commission report. We have to read it like that."

An application was moved assailing the pattern of delimitation. The Bench granted the applicant liberty to take recourse to such remedy permissible in law.

Background

The Karnataka High Court had directed the State Election Commission to hold elections of BBMP expeditiously, publishing election programmes within six weeks from the date of publishing of the final list of Electoral rolls. The order was passed while hearing a batch of petitions seeking directions for timely holding of elections of BBMP. One of the pleas was filed by the State Election Commission.

The same was challenged by the State before the Apex Court. On 18.12.2020, while issuing notice, the judgment of the Karnataka High Court was stayed by the Chief Justice of India. The Karnataka Government challenged the High Court's direction on the ground that elections ought to be held in 243 wards instead of the 198 wards of BBMP as directed by the High Court. According to the State, the effect of Karnataka Municipal Corporation Third Amendment Act, 2020, (Amendment Act), which increased the number of wards to 243, will apply to the present elections.

The High Court had upheld the constitutional validity of Karnataka Municipal Corporation Third Amendment Act, 2020, (Amendment Act), which increased the wards in the BBMP. But noted -

"It will have to read it down by holding that it will not apply to elections of corporations which ought to have been held as per Article 243 of the Constitution, before the Amendment Act came into force."

Case Title: State of Karnataka v. M. Shivaraju