The High Court of Karnataka on Monday said it would examine implications of the amendment made to the law to increase the number of wards in the Bruhat Bengaluru Mahanagara Palike (BBMP) to 225 on the process of elections already initiated by the State Election Commission (SEC) after recent delimitation of the existing 198 wards.
A Division Bench comprising Chief Justice Abhay Shreeniwas Oka and Justice Ashok S. Kinagi made the observations during the hearing of PIL petitions, seeking directions for timely holding of elections to the BBMP.
Earlier, the State Advocate-General Prabhuling K. Navadgi brought to the notice of the Bench that the State Legislature had recently amended the Karnataka Municipal Corporations Act to increase the number of wards to 225 pending an exhaustive enactment of a separate law for the administration of the BBMP during the pendency of the petitions.
He also told the Bench that the State government has written to the Election Commission of India seeking permission to notify the increase in number of wards in view of the model code of conduct in force for the upcoming bylections to the State Legislative Assembly.
However, Senior Advocate K.N. Phanindra, appearing for SEC pointed out to the Bench that it may not be possible to hold elections to the BBMP for one year, as the process of delimitation to carve out 225 new wards will take six months and thereafter, it will take 2 to 3 months to fix reservation, and another 2 to 3 months to prepare new voters’ list.
Mr. Phanindra also told the Bench that the voters’ list of many wards are already prepared based on the recent delimitation process and voters’ list had been printed for publication.
Meanwhile, senior advocate Ravivarma Kumar, appearing for a petitioner, said that as outcome of Census 2021 would be available when by the time the processes of creating new 225 wards, fixing reservation and voters’ list are completed, the government may further postpone election to carry out delimitation of wards as per the census. If allowed, the BBMP would remain under the direct control of the State government for about two years in violation of the constitutional provisions, Mr. Kumar said. Further hearing has been adjourned.
In another PIL related to holding of elections to 5,800 gram panchayats, the Bench asked SEC to take appropriate decision by Friday on the letter by the Department of Rural Development and Panchayat Raj requesting postponement of elections to panchayats citing increasing COVID-19 cases.
