HC fines state govt, clears way for BBMP polls

The High Court has cleared way for BBMP election, which will be held before July end.

Uncertainty that loomed large over BBMP election has been cleared, with the High Court on Monday dismissing the State government’s Impleading Application (IA) seeking time to conduct polls on the grounds of releasing fresh reservation roster.

Apart from dismissing the IA, the Court also imposed penalty on the government for abuse of the process of judiciary. The Court has ordered the State government to pay Rs 10,000 to each of the respondents in the case. It also dismissed applications filed by other applicants including Karnataka State Commission for Scheduled Castes and Scheduled Tribes and levied them a fine of Rs 1,000 to be paid to each of the respondent for each application.

Justice B V Nagarathna who delivered the judgment directed the State government and the State Election Commission (SEC) to comply with the order of the Supreme Court to hold the election before the stipulated time.

It could be recalled that a few corporators had approached the High Court seeking BBMP polls to be held on time. The Court in its judgment on March 30th 2015, had directed the State government and SEC to conduct the polls before May 30th. When the State filed an appeal before the HC division bench, the bench gave a six months time to conduct the polls. This was again questioned at the Supreme Court. The State government submitted before the apex court that it was ready to conduct polls within three months. The apex court in its judgment on May 5th 2015, directed the State government and SEC to conduct election before three months.

Soon, Karnataka State Commission for Scheduled Castes and Scheduled Tribes filed a petition in the High Court challenging the reservation roster prepared by the State. It demanded that a fresh reservation roster has to be prepared based on 2011 census as against the existing roster based on 2001 census. The State too filed an impleading application and said that it would do delimitation of wards and prepare a fresh reservation list if the Court permits to do so. 

However, the High Court in its judgment on Monday dismissed the IA and all other applications, and said that the Court has no power to modify the Supreme Court order to conduct polls on time. “It is a matter of regret that the State has attempted to subvert judicial discipline,” the judge observed.

Dismissing all the applications with costs, the Court said “these applications filed by the applicants including the State, are not only an abuse of the process of the Court, but contrary to the principle of finality of litigation and have taken up considerable time of this Court.” In the judgment, the Court has pointed at how impleading application is an instance of taking the Court for granted.

On conducting the polls, the Judge said: “Respondent authorities are directed to comply with the spirit of the order dated March 30th 2015 and the order of the Supreme Court dated May 5th 2015, by issuing necessary notifications and taking requisite steps for holding the election in terms of the time stipulated by the SC.”

After this judgment, BJP leaders including Suresh Kumar met the State Election Commission and requested them to hold elections on time. With this, BBMP polls are expected to be notified on June 26th. The process will be completed by August 5th 2015 and a new council will be in place.

Related Articles

Update your details or register yourself on voter list, ahead of BBMP elections
Final ward reservation list stumps most corporators

Leave a Reply

Your email address will not be published. Required fields are marked *

Similar Story

How Chennai’s Third Master Plan can tackle climate risks

As the city faces extreme weather, a study calls for ward-level action, improved climate adaptation and inclusive planning.

Over the past two decades, Chennai has weathered a tsunami, repeated floods, and now, according to a new study, a rapidly worsening mix of heat and rain. Heatwave-preconditioned extreme rainfall events in the Chennai Metropolitan Area have nearly tripled over four decades, rising from an average of 1.2 events a year between 1982 and 1991 to 3.2 events a year between 2012 and 2021. When a heatwave comes before the rain, the same study finds, the population exposed to flooding rises elevenfold and the number of buildings affected rises seven-fold. A separate assessment projects that heatwave days in the city…

Similar Story

PG collapse in Delhi’s Satya Niketan: Who is responsible?

A DU PG collapse exposes the gap between Delhi's planning rules and real building safety. Watch this video to know more.

On September 6, a five-storey boys' Paying Guest (PG) accommodation collapsed in Satya Niketan, near Delhi University's South Campus, leaving seven people dead. This video looks beyond the single building to ask how the neighbourhood reached this point. Delhi has had a formal planning system since the DDA was set up in 1957 and the first Master Plan followed in 1962. Yet Satya Niketan has grown into a dense student housing hub. Officials say the collapsed building had permission for only the ground plus first floors. Ayush Anilal, an architect, studied the area for his thesis. He explains how intensely…