HC restrains SEC from declaring dates for BBMP elections till April 22

A Division Bench comprising Chief Justice D.H. Waghela and Justice Ram Mohan Reddy passed the interim order adjourning further hearing to April 22.

April 20, 2015 01:03 pm | Updated 02:48 pm IST - Bengaluru

The Karnataka High Court on Monday restrained the State Election Commission from issuing calendar of events till April 22 for the forthcoming elections to the Bruhat Bangalore Mahanagara Palike (BBMP).

The Court passed the interim order since the hearing on State's appeal, against Single Judge Bench's order for holding election by May 30, has not been completed today.

Noticing that SEC has not yet issued calendar of events, the Bench said that all further proceedings, including declaration of election, are stayed.

A Division Bench comprising Chief Justice D.H. Waghela and Justice Ram Mohan Reddy passed the interim order adjourning further hearing to April 22.

The interim order was passed with the consent of the counsel representing some of the former councillors if the BBMP on whose petitions the Single Judge Bench had issued directions.

Karnataka High Court session on elections to BBMP (as it happened):

* Advocate-General Ravivarma Kumar tells Bench that two new developments have taken place after the last hearing of the case. First, dissolution of BBMP council and appointment of administrator. Second, special session of legislature to trifurcate BBMP. If the houses of legislature approve the Bill and gets consent of the Governor, the BBMP will cease to exist.

He argues that single judge bench order had devastating effect on State as it could not go ahead with many of its proposals including delimitation of wards and thus has to be stayed.

* The Bench asks what SEC has done.

* SEC advocate K.N. Phanindra admits before court that they will adhere to the single judge order. All poll preparations are being made and calendar of events will be announced at 4 p.m. today. Election is for the new council as dissolution does not mean the BBMP ceases to exist.

* Bench asks what the latest position was.

* Mr. Phanindra says they were yet to announce the calendar of events.

* Bench asks counsel for former councillors to argue

* Senior Counsel D N Nanjunda Reddy says the term of the council cannot be extended beyond five years and elections have to be held before the expiry of the term. He says SEC should have held elections before the present term was to have ended on April 22.

* The Bench says: “We are of the view that single judge could not have allowed time to hold elections beyond term of five years. We cannot allow that position to continue as it would be against Constitutional mandate… We can stay the single judge order and continue further hearing on Tuesday. The court can't extend time for holding elections beyond five year term.”

* Mr. Reddy says there is no need to stay the single judge order. The SEC may be asked not to notify calendar of events for elections till the next date of hearing.

* Counsel for Namma Bengaluru Foundation says the foundation has moved a PIL raising the contention that under any circumstance the elections to the existing BBMP will have to be held, irrespective of its dissolution or proposed trifurcation. He requests the court to take up this plea along with State’s plea.

* The Bench passes an interim order and adjourns further hearing to April 22.

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