The High Court of Karnataka on Wednesday orally indicated that the petitioners, who questioned the legality of delimitation of 243 new wards of the Bruhat Bengaluru Mahanagara Palike (BBMP), will have to seek clarification from the apex court for the High Court to consider their pleas.
Justice Hemant Chandangoudar made the oral observations after the State Election Commission (SEC) referred to the recent judgments of the apex court, which said that pendency or delay of delimitation of wards or reservation of seats need not detain the issue of election programme by the SECs.
Senior advocate K.N. Phanindra, appearing for the SEC, pointed out that the apex court had said that SECs should go ahead with the election process considering the wards and reservation on notional basis. The apex court had also stated that changes in the delimitation of wards and reservation can be considered for future election, he said, while quoting the apex court’s judgment in the case of Suresh Mahajan Vs State of Madhya Pradesh (MP).
SEC’s contention
The SEC pointed out to the court that the apex court had said in the case of elections to the local bodies of MP that “any order passed or to be passed by the High Court of MP shall be deemed to have been superseded in terms of this order and not to be acted upon without the prior permission of this court.” The SEC said that the apex court had specifically said that in its order.
As the petitioners did not agree with the contention of the SEC and argued that the High Court can interfere in the issue, the court orally said that petitioners needs to seek clarification from the apex court. The High Court adjourned further hearing till August 29, as the BBMP election case is coming up before the apex court on August 26.
