The Supreme Court on Friday granted Karnataka Government eight weeks time to hold the Bruhat Bangalore Mahanagara Palike (BBMP) elections but refused the State’s plea to conduct fresh de-limitation of municipal wards.
A Bench led by Chief Justice of India H.L. Dattu said the Karnataka Government had on May 5, 2015 with its “eyes wide open” given the court an assurance that it would hold the elections in three months, and it cannot go back on its word at this point.
Besides, the Bench said ordering fresh de-limitation now would amount to scratching a Single Judge Bench decision of the Karnataka High Court, which the Supreme Court had upheld on May 5, to hold the municipal polls as per the 2001 Census figures.
Chief Justice Dattu observed that the Single Judge was then aware of the “peculiar circumstances” of the case and despite knowing of the 2011 Census figures, had opted to direct the State to conduct the polls to avoid any further delay.
“On May 5, you made the statement to us that you are ready to conduct the elections. Now you cannot go back and say that you want to first complete the de-limitation or other things. You made the statement with your eyes wide open... Why did you make such a statement then?” the Chief Justice asked the State government, represented by senior advocate K. Parasaran.
Senior advocate L. Nageshwar Rao, appearing for a party opposing Karnataka's plea, questioned the “sudden” interest of the State government to conduct fresh de-limitation on the basis of the 2011 Census.
“For three years, the State Election Commission did not do anything on de-limitation. Now they want to postpone the elections for the de-limitation?” Mr. Rao asked in court.
Mr. Rao further informed that voters' lists have been updated, reservation quota fixed taking into consideration the 2011 Census data and wards rotated as per the law.
The State Government has sought an extension in the poll schedule to complete the de-limitation of the wards and fix reservation as per the latest 2011 Census figures. It had approached the apex court after the High Court rejected its application to defer the elections till de-limitation proceedings are completed as per the latest 2011 Census figures.
The High Court directed the State Election Commission to conduct elections based on the existing delimitation of the wards and using the updated electoral rolls.
The Supreme Court had stepped in on May 5 after Namma Bengaluru Foundation, an NGO, and several incumbent corporators’ had approached it against the delay in conducting fresh elections in violation of the Constitutional limit of five years fixed for holding municipal body polls.
