Karnataka HC Division Bench to shortly hear a batch of pleas moved by State Election Commission (SEC) and ors seeking the timely conduct of BBMP Elections in the State.
Chief Justice Abhay Shreeniwas Oka and Justice Vishwajith Shetty will hear the pleas.
#BBMP
#elections
Chief Justice Abhay Shreeniwas Oka and Justice Vishwajith Shetty will hear the pleas.
#BBMP
#elections
The Bench begins hearing the matter.
Bench: Now, the exercise of delimitation is complete. Should it go back to the Delimitation commission now?
Role of Election Commission, State Govt is all decided in the Gram Panchayat matter.
Role of Election Commission, State Govt is all decided in the Gram Panchayat matter.
(Some connection issue occurs)
State Govt has no role in the manner of Election conducted, the dates of election etc: Senior Advo Prof Ravivarma Kumar.
My first submission is that the Amendment of the Act (Karnataka Municipal Corporation Third Amendment Act, 2020) is for the future, not for now, Prof Kumar
Bangalore has undergone a serious demographic change. Thinly populated places have become thickly populated, Prof Kumar.
It is for the Election Commission to decide matters on Election. State has no role to play.
Term of the previous BBMP office bearers came to an end on Sept 10. Ideally Election should have been conducted earlier that that, Kumar.
Term of the previous BBMP office bearers came to an end on Sept 10. Ideally Election should have been conducted earlier that that, Kumar.
Kumar refers to Court order passed on Feb 18 in the matter. The order reads as follows:
"The State Government must file statement of objections to set out whether the exercise of determination of wards of BBMP was earlier done on the basis of 2011 census. The State Government..
"The State Government must file statement of objections to set out whether the exercise of determination of wards of BBMP was earlier done on the basis of 2011 census. The State Government..
also to state when the process of determination of wards was commenced by it.
....The statement of objections shall be filed on or before the 3rd March 2020. Let this petition be listed for final disposal on 4th March 2020 in the afternoon.....
....The statement of objections shall be filed on or before the 3rd March 2020. Let this petition be listed for final disposal on 4th March 2020 in the afternoon.....
.... Prima facie, it is a fit case to impose exemplary cost on the State Government for forcing the State Election Commission to take recourse to a remedy under Article 226 of the Constitution of India."
Senior Adv KN Phanindra submits that 2015 BBMP Election was done based on 2001 census. No delimitation process was carried out.
The same submission was made by Kumar as well.
The same submission was made by Kumar as well.
Phanindra: If we give them 6 months to do the Delimitation process for 243 wards, then at the end of the 5th month, State may say that let us go back to 200 wards. It will be an endless process.
Phanindra: Many crores has been spent on preparation of voters list. Valuable public money will be gone to waste, that too at this stage.
Court: If delimitation happens, what is your estimate - when will Election happen?
Phanindra: Delay of atleast one year will be there.
Court: If delimitation happens, what is your estimate - when will Election happen?
Phanindra: Delay of atleast one year will be there.
AG seeks for additional time to reply.
Bench will hear the matter next on Nov 25.
Bench will hear the matter next on Nov 25.
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