Karnataka High Court Initiates Suo-motu Petition To Ensure Elections Are Held To Municipal Bodies

A division bench of Chief Justice Abhay Oka and Justice S Vishwajith Shetty directed the Registrar General to make the State Government and the State Election Commission as parties to the suo motu writ petition which shall be placed before this court on December 17, for orders.

The bench issued the direction while hearing a petition filed by one ANAND DHUMAL, seeking directions to the state government and state election commission to hold elections to the Vijayapura Municipal Corporation. The tenure of the Councilors ended on 14th July, 2019. It was also stated that based on the mandate of clause (3) of Article 243U of the Constitution of India the election in the present case ought to have been completed before 14^th July, 2019.

The bench referred to the judgmentpassed on December 4, directing the state election commission to hold election to Bruhat Bengaluru Mahanagara Palike (BBMP) expeditiously.

It said "Clause 3(a) of Article 243U of the Constitution mandates that the election must be completed before the expiry of the term of a Municipality. In this case, 17 months back, the term of the Corporation has expired. But there is no sign of an election being held. Therefore, the election of the fifth respondent will have to be held as per the said Act of 1976 as it stood prior to the Amendment Act coming into force."

Accordingly it directed the State Government to complete the process of delimitation of wards and publish a notification as required by clause (a) of sub-section (1) of Section 21 of the said Act of 1976 within a maximum period of three weeks from today for the Vijayapura Municipal Corporation. State is to finally notify the reservations in terms of clause (c) of sub-section (1) of Section 21 of the said Act of 1976 within a maximum period of two months from the date on which the notification under clause (a) of sub-section (1) of Section 21 of the said Act of 1976 is published. State Election Commission to complete the process of preparation of electoral roll of the wards within a period of three months from the date on which the notification under clause (a) of sub-section (1) of Section 21 of the said Act of 1976 is issued. The election program/election schedule shall be published by the State Election Commission within a maximum of forty five (45) days from the date on which the electoral roll of the wards is published.

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