The High Court of Karnataka on Friday declared that a municipal corporation will have to be reconstituted by holding elections within six months from its dissolution and this period of six months provided in the Constitution does not mean that the duration of the BBMP council would stand extended beyond the five-year term.
A Division Bench comprising Chief Justice D.H. Waghela and Justice Ram Mohan Reddy delivered the verdict while setting aside the March 30 verdict of a single judge, which had ordered for holding elections by May 30 while holding that the State does not get six months’ time to hold elections even if the BBMP council was dissolved.
However, the Division Bench said, “Such time limit [six months] having been expressly prescribed in the Constitution [Article 243U (3b)], there was no occasion for any reduction or extension of the period of six months by a judicial order or otherwise.”
The Bench passed the order while allowing the appeal filed by the State government against the single judge order, which had allowed the plea of BBMP councillors for holding elections.
Noticing that the BBMP council was dissolved on April 18 subsequent to the single judge’s order, the Bench said this development had changed the circumstances that existed before the single judge, while clarifying that “…even under the changed circumstances, election was required to be held and completed before expiry of six months from the date of notification, April 18, 2015.”
Referring to Supreme Court’s verdicts curbing delay in holding elections to municipal bodies, the Bench said, “The State government and the State Election Commission should perform their duties and constitutional obligations so as to ensure that within time, reconstitution of the BBMP in accordance with law to sub-serve the underlying object of the 74th Amendment of the Constitution.”
