Supreme Court Stays Karnataka High Court Direction To Hold Bengaluru Civil Body Elections In 198 Wards

The Supreme Court on Friday stayed the December 4 judgment of the Karnataka High Court which directed holding of elections to 198 wards in Bruhat Bengaluru Mahanagar Palike(BBMP) within six weeks.

A bench headed by the Chief Justice of India stayed the directions in the High Court judgment while issuing notice on the special leave petition filed by State of Karnataka.

"Issue notice. Until further orders, there shall be a stay of operation ofthe impugned judgment(s) and order(s) passed by the Karnataka High Court", stated the order passed by the bench after hearing Solicitor General Tushar Mehta who appeared for Karnataka.

The Karnataka government challenged the High Court direction by contending that elections ought to be held to 243 wards instead of the 198 wards of BBMP as directed by HC. 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 elections.

On December 4, a division bench of Chief Justice Abhay Oka and Justice S Vishwajith Shetty held that the effect of Karnataka Municipal Corporation Third Amendment Act, 2020, (Amendment Act), which increased the wards in the BBMP, was only prospective.

The bench directed the State government to publish final notification for 198 wards as per delimitation notification date 23 June 2020 within one month.

While upholding the vires of the Act, the HC said "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."

Click here to read/download the order