The Karnataka High Court on Tuesday cautioned that it may impose exemplary cost on the State government for forcing the State Election Commission (SEC), set up as per the Constitutional mandate, to approach the court for a direction to the government to complete the process of delimitation of wards of the Bruhat Bangalore Mahahagara Palike (BBMP) and fix caste-wise reservation for timely conduct of elections.
A division bench comprising Chief Justice Abhay Shreeniwas Oka and Justice Hemant Chandangoudar said that the SEC was forced to approach the court by filling a petition due to failure of the State government to perform its statutory duties under provisions of the Karnataka Municipal Corporations Act, 1976.
The bench was hearing a PIL petition filed by the SEC.
The bench also directed the government to inform the court by March 4 whether delimitation was done as per the 2011 census and when the ongoing process of delimitation commenced. This was after the government counsel said that the delimitation process would be completed in 30 days and reservation would be fixed by June to enable the SEC to complete the election process before September 10, the date on which the term of the BBMP council ends.
However, the bench said that prima facie, there was no impediment for the government to conduct the exercise of delimitation much earlier while observing that “prima faice it is a fit case to impose exemplary cost on the State government to force the SEC to approach the court.” At least cost of ₹10 lakh will have to be imposed on State, the bench observed orally.
