Bengaluru, Dec 4(UNI) The Karnataka High Court on Friday directed the State Election Commission to hold election to Bruhat Bengaluru Mahanagara Palike (BBMP), as expeditiously as possible by publishing election program within six weeks from the date of publishing of final list of Electoral rolls.
Election shall be held for 198 wards, as per notification of delimitation of ward already published.
A division bench headed by Chief Justice Abhay Oka and Justice S Vishwajith Shetty upheld the constitutional validity of Karnataka Municipal Corporation Third Amendment Act, 2020, (Amendment Act) which increased the wards in the BBMP.
However, it said "It will have to read it down by holding that it will not apply to elections of Corporation which ought to have been held as per Article 243 of the Constitution, before the Amendment Act came into force."
The bench directed the State government to publish final notification of reservation for 198 wards as per delimitation notification date 23 June 2020 within one month.
The bench declined to impose a cost on the state government which was to be paid to the State Election Commission, due to the cash crunch faced by the state due to Covid-19 pandemic.
The order was passed while hearing a batch of petition seeking directions for timely holding of election.
Advocate General Prabhuling K Navadgi, appearing for the State, had supported the Karnataka Municipal Corporation Third Amendment Act, 2020, (Amendment Act). He argued that a validly constituted legislation can only be struck down on three limited grounds – for lacking legislative competence, violating the Fundamental Rights and if found to be 'manifestly arbitrary'.
UNI BSP MSP JW1919