Karnataka State Election Commission Moves Supreme Court Against HC Order Extending Time For Delimitation Exercise For Local Body Polls

The Supreme Court on Friday agreed to hear a plea filed by the Karnataka State Election Commission assailing the order of the Karnataka High Court which granted a further period of 12 weeks to the State Government to complete the exercise of delimitation of constituencies and providing reservation to SC, ST, OBC and other categories for all the Taluk & Zilla Panchayats in the State of Karnataka.

The bench comprising of Justices Aniruddha Bose and Vikram Nath while listing the matter for next week did not issue formal notice but asked the petitioner to serve a copy to the State of Karnataka.

"Election Commission of Karnataka is fighting with the State of Karnataka. It's not a good picture", Justice Vikram Nath orally observed during the hearing.

"We are on the bigger picture whether the constitutional authority can come to the court", Justice Bose commented.

The State Election Commission has sought that the order of the High Court be stayed and permission be granted to the State Election Commission to go ahead with the the elections to all the Zilla & Taluk Panchayats in terms of the Delimitation Notifications dated 30.03.2021 issued by the State Election Commission & the Reservation Notification dated 01.07.2021 issued by it.

The Election Commission in its petition pointed out that the High Court had in its earlier interim order dated 24.5.2022 granted twelve week time to the State Government to complete the exercise of completion of Delimitation of Constituencies and fixing of Reservation to all the constituencies of Zilla & Taluk Panchayats. The High Court had at that time taken into consideration the plea of State Election Commission that the tenure of the Zilla and Taluk Panchayats had been completed.

The Commission further submitted that even though a period of 17 weeks had lapsed since the interim order of 24.5.2022, the State Government did not take any steps but sought a further extension of six months citing the amendments brought about to the Karnataka Gram Swaraj & Panchayat Raj Act, 1993 & the request made by the Delimitation Commission seeking extension of time.

The petition further averred that the Zilla and Taluk Panchayts have been functioning under administrators for the past one year and if further 12 weeks time is granted without any conditions being imposed, the State Government would seek yet another extension and if in the meanwhile the legislative assembly elections are announced, then election to Zilla and Taluk Panchayat would be indefinitely postponed.

The bench agreed to list the matter next week and asked the petitioner to provide a copy of the petition to the respondents.

State of Election Commission, Karnataka vs State of Karnataka and Anr. - SLP (C) No. 18135/2022

Click Here To Read/Download Order