'BBMP Elections Will Be Held By November, 50% Steps Taken Under New Act': Karnataka Govt Tells Supreme Court

In a matter pertaining to elections of the Bruhat Bengaluru Mahanagara Palike (BBMP), State of Karnataka told the Supreme Court today that the BBMP elections, which were last held in 2015, will be held by coming November.

"There's a delay, no doubt. But an Act of the Legislature was passed. It was held back by the Governor for a few months. And now by November, all the elections as per the new Act will be done with all the reservations. 50% steps are done. The Cabinet sat, they passed a legislation in Karnataka. We will make sure elections are done by November", State of Karnataka urged before a bench of Justices Surya Kant and Joymalya Bagchi.

Senior Advocate Dr Abhishek Manu Singhvi appeared for the state and made the submission, contending that the matter can be disposed of by binding the state to its own schedule.

Hearing the submission, the bench left it upon the respondents to decide if they would prefer that the matter remain pending till November, or have it disposed of with recording of the state's undertaking that elections as per the new Act will be completed by November 30 and in case of further delay, parties would have liberty to revive the proceedings.

At the same time, the Court called on the state to file a formal affidavit giving a timeline of the different exercises to be undertaken such as bifurcation, delimitation, revision, reservation and preparation of voters' list.

The Court was dealing with the State's challenge to a December 4, 2020 decision of the Karnataka High Court, which directed the State Election Commission to hold elections of BBMP as expeditiously as possible by publishing election programme within six weeks from the date of publishing of final list of electoral rolls.

On December 18, 2020, the Supreme Court had stayed the High Court order. In 2022, the Court asked the State Government to complete the process of delimitation of wards for BBMP and to notify the same within a period of eight weeks.

In the December 4 judgment, a Division Bench of the High Court had upheld the constitutional validity of Karnataka Municipal Corporation Third Amendment Act, 2020, which increased the wards in 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 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 Karnataka government challenged the said order before the Supreme Court, contending that elections ought to be held to 243 wards instead of the 198 wards of BBMP as directed by High Court. According to the State, the Karnataka Municipal Corporation Third Amendment Act, 2020, which increased the number of wards to 243, was applicable to the elections.

Appearance: Senior Advocates Dr AM Singhvi and Mukul Rohatgi; Advocate Jagjit Singh Chhabra, Karnataka Advocate General Prabhuling Navadgi

Case Title: THE STATE OF KARNATAKA Versus M. SHIVARAJU AND ORS., SLP(C) No. 15181-15183/2020