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Friday, November 15, 2024

SC gives Karnataka 8-weeks-time to finish ward delimitation exercise

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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 Friday.
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.

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