[BBMP Polls] Prepare ward-wise reservation lists within a week: Supreme Court to Karnataka government

The Supreme Court on Thursday asked the Karnataka government to notify within a week ward-wise reservation lists for the pending Bruhat Bengaluru Mahanagara Palike (BBMP) polls so that the State Election Commission can take steps to put in place newly-elected local bodies within a 'reasonable' time frame. (State of Karnataka v. M Shivaraju and ors).A Bench of Justices AM Khanwilkar, AS Oka, and JB Pardiwala gave the respondents liberty to challenge the process of delimitation before the top court if there is any delay on the part of the State government to prepare the lists. The order stated,"We direct the State government to immediately notify a ward-wise reservation chart to facilitate the SEC to initiate appropriate steps for ensuring constitution of local bodies within a reasonable time frame strictly in accordance with the provisions of the act and other constitutional parameters.".Advocate General for Karnataka Prabhuling Navadhi had informed the Bench that in compliance with its earlier order, the delimitation process for Bengaluru's civic body was complete, and notified in June this year.Further, the notification was published on July 14 and the dedicated commission set up to look into representation of backward classes had submitted its report on July 21, the AG added..In its last affidavit filed before the top court, the State government said that the recommendations of the delimitation panel had been accepted.Further, after taking note of objections received by a screening committee, the names of 18 wards had been changed before publishing the final notification and the BBMP Election Rules, 2021..In May this year, the top court had asked the State government to complete the process of delimitation and notification of the BBMP polls within two months. In that order, it withdrew the operation of its earlier stay order on the delimitation process for Bengaluru after noting that the State had passed the BBMP Act of 2020 towards conduct of the polls. .The Supreme Court had in December 2020 stayed an order of the Karnataka High Court that had directed the BBMP elections in 198 wards to be announced within 6 weeks.A Bench headed by then Chief Justice of India SA Bobde had issued notice to the State Election Commission and the original petitioners before the High Court, M Shivaraju, Abdul Wajid and Ravi Jagan.The High Court had on December 4, 2020 upheld the validity of the Karnataka Municipal Corporation Third Amendment Act, 2020 (Amendment Act) which had raised the number of wards in Bengaluru city from 198 to 243. The High Court, had however, held that it will not apply to elections of those corporations where elections had become due prior to the coming into force of the amended provisions.In the plea filed through Advocate Shubhranshu Padhi, the Karnataka government has said that the High Court has asked government to proceed with elections in 198 wards despite the fact that the Amendment Act increased the number of wards to 243."In other words, the High Court has directed the State to conduct elections in a manner which is contrary to a validly and unanimously enacted piece of legislation," the petition stated.