BBMP Elections : Supreme Court Grants Karnataka Govt Time Till March 31, 2023 For Report On OBC Reservations

Solicitor General for India Tushar Mehta, representing the State of Karnataka, submitted before a bench comprising Justice S. Abdul Nazeer and Justice Hima Kohli that, "the exercise as directed by the High Court is already underway. We are seeking extension till 31st of March to submit the report of the Commission which is constituted as per the decision of the High Court to collect empirical data and decide the question of political reservation and reservation for OBCs in local bodies. The Commission's work is currently underway."

Justice Nazeer initially inquired from Mr. Mehta, "Why do you need so much time? A Committee is already there. See OBCs have to be represented, the recent EWS judgment also has the same logic."

Counsel for the Respondents submitted before the court that, "the Backward class commission has already recommended that OBCs should be given 33% reservation. The exercise that the Commission is currently undertaking will take a huge time and will not happen even if the sought extension time is granted. If a door to door census has to take place, it cannot take place within a year or two year. How will it happen in three months? It will not happen."

Justice Nazeer then remarked, "Our aim is that if elections are held like this, the OBCs will not get anything. We know what is happening…It is a just cause. Let there be some representation. Let the report come. Let them get a final time"

The bench then ordered, "Time is granted to the State of Karnataka till 31-03-2023 for the purpose of analyzing the political reservation and reservation of OBCs in local bodies based on the report of the commission and submitting it before this court."

Background

The Karnataka High Court had directed the State Election Commission to hold elections of BBMP expeditiously, publishing election programmes within six weeks from the date of publishing of the final list of Electoral rolls. The order was passed while hearing a batch of petitions seeking directions for timely holding of elections of BBMP. One of the pleas was filed by the State Election Commission.

The same was challenged by the State before the Apex Court. On 18.12.2020, while issuing notice, the judgment of the Karnataka High Court was stayed by the Chief Justice of India. The Karnataka Government challenged the High Court's direction on the ground that elections ought to be held in 243 wards instead of the 198 wards of BBMP as directed by the High Court. According to the State, the effect of Karnataka Municipal Corporation Third Amendment Act, 2020, (Amendment Act), which increased the number of wards to 243, will apply to the present elections.

The High Court had upheld the constitutional validity of Karnataka Municipal Corporation Third Amendment Act, 2020, (Amendment Act), which increased the wards in the BBMP. 

Case Title: State of Karnataka v. M. Shivaraju And Ors. SLP(C) No. 15181-83/2020

Click Here To Read/Download Order