BBMP Elections : Supreme Court Gives 8 Weeks To Karnataka Govt To Notify Ward Delimitation & OBC Quota Percentage

The Supreme Court on Friday accepted Karnataka state's submission that the necessary notifications regarding delimitation of wards or for determining OBC reservation percentage for the Bruhat Bengaluru Mahanagara Palike(BBMP- Greater Bengaluru Municipal Corporation) be completed and notified not later than eight weeks from today.The Court on Friday asked the Karnataka State election commission to commence the preparatory exercise for conducting elections to install the newly elected body within one week from the date of notification of delimitation of wards and/or determination of reservation to be provided for OBC, whichever is later.The bench of Justices A. M. Khanwilkar and J. B. Pardiwala was hearing the state of Karnataka's challenge to the December 4, 2020 decision of the Karnataka High Court directing the State Election Commission to hold elections of Bruhat Bengaluru Mahanagara Palike as expeditiously as possible by publishing election programme within six weeks from the date of publishing of final list of Electoral rolls.The bench, passing its order on Friday, recorded, "We have heard counsel for the parties. SG Tushar Mehta has invited our attention to the Bruhat Bengaluru Mahanagara Palike Act 2020 which he submits has come into effect from 11 January 2021. Consequent to coming into force of the said legislation, the state has appointed delimitation commission for the purpose of delimitation of wards, and dedicated commission for providing reservation including for OBC category."The bench further noted, "The process of delimitation of wards is at final stage and formal notification will be issued shortly by the state government. To be on the safer side, it is urged that the court may permit the state government to issue notification regarding delimitation of wards upto 8 weeks from now. Simultaneously, the state government has assured to put in all efforts to ensure that the work assigned to the dedicated commission concerning determination of reservation would also be completed within the same time and notified accordingly. The assurance given on behalf of the state is placed on record and is accepted."The bench observed in its order, "In other words, necessary notifications regarding delimitation of wards or for determining reservation percentage for the newly constituted corporation be completed and notified not later than eight weeks from today. The Karnataka State Election Commission to thereafter commence the preparatory exercise for conducting elections to install the newly elected body of the greater Bengaluru Corporation constituted under the Act of 2020. The election commission can commence that exercise within one week from the date of notification of delimitation of wards and/or determination of reservation to be provided for other backward classes on the basis of recommendations made by the dedicated commission, whichever is later""Needless to observe that once the election commission initiates the process for conduct of election, it must take the same to its logical end in accordance with law as expeditiously as possible. List this matter for further orders on 22nd July", added the bench.BackgroundJustice A. S. Oka had in April recused from the hearing of state of Karnataka's challenge to the December 4, 2020 decision of the Karnataka High Court directing the State Election Commission to hold elections of Bruhat Bengaluru Mahanagara Palike as expeditiously as possible by publishing election programme within six weeks from the date of publishing of final list of Electoral rolls.Elections were to be held for 198 wards, as per notification of delimitation of ward already published.The Supreme Court had on December 18, 2020 stayed the December 4, 2020 judgment of the Karnataka High Court which directed holding of elections to 198 wards in BBMP within six weeks.When Karnataka's SLP and other connected matters came up for hearing on Monday before the bench of Justices A. M. Khanwilkar and A. S. Oka, the bench passed an order for the matter to not be listed before Justice Oka.In the December 4, 20202 judgment, the division bench of then Karnataka High Court Chief Justice A. S. 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 corporations 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 reservations 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...

BBMP Elections : Supreme Court Gives 8 Weeks To Karnataka Govt To Notify Ward Delimitation & OBC Quota Percentage

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