Thread by @barandbench

#Breaking Karnataka HC refuses to entertain two IAs seeking to postpone elections of local authorities in the State, scheduled to be held on April 27 amid COVID-19.

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Karnataka HC was hearing a case registered suo motu after noting that in large number of municipal corporations, elections not being held as per Constitutional mandate.

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ORDER: Firstly, we must note here that intervenor wants drastic relief of postponing elections for 10 local authorities. We fail to understand under which provision of law, intervenor can seek relief of stay.

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ORDER - Since March 2020, various legislative Assembly elections were held in many states.

Election Commission (EC) states what remains is only polling as regards the election of local bodies.

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It for the EC to take a call whether an extraordinary situation created inorder to postpone elections.

On these grounds, we refuse to entertain both the IAs.

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During the hearing, the Court made a series of observations:

"Elections of vidhansabha sabha was held in the first wave of COVID, then why not now"

"An intervenor seeking interim relief? Show us the provision of law. It is unheard of."

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"This is a frivolous attempt to ensure that constitutional mandate is not complied with"

"Applicant belongs to Aam Aadmi Party seeking stay of elections. Such a person cannot be pro bono litigant"

@AamAadmiParty

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"It is for election Commission to decide in what manner they want to conduct elections."

"The argument that it is going to affect 10 lakh people does not impress us.... Elections were conducted before also amid Covid."

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Applicant: Calcutta HC came down heavily on conducting elections amid COVID.

CJ Oka: Those orders do not bind us.

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CJ Oka: Where were you when elections to local bodies were not conducted before COVID-19?

Karnataka is the only State where elections to local bodies are set at naught......you didn't come before HC. You claim to be a public spirited citizen

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Applicant: Our reason for canvassing is on public health ground. Conducting elections will lead to spread of COVID-19.

CJ Oka: How can we stay elections which is a Constitutional mandate?

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Bench passes order. Matter closed.

Breaking: Karnataka High Court refuses to entertain pleas seeking postponement of local body elections amid COVID-19

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Report by @Rintumariam bit.ly/2PdsZnC