Karnataka - Bangalore   

High Court refuses to stay calendar of events for urban local body elections

Staff Reporter

BANGALORE: The Karnataka High Court on Tuesday orally refused to stay the calendar of events announced by the State Election Commission (SEC) for holding polls to 207 local bodies, including several corporations.

The court was hearing petitions by Amaresh and ten others challenging a notification by the State Government in reserving seats in local bodies. The petitioners contended that the reservation was flawed as the Government had not followed the law while notifying the reservation of seats.

Appearing for the petitioners, D.L. Jagadeesh, who is also the president of the Advocates' Association of Bangalore, said the Government had violated the provisions of Article 243 T of the Constitution by not giving adequate time to the people to file objections to the notification.

When counsel for SEC submitted to the court that the calendar of events for holding elections was announced in the afternoon and that the elections were scheduled to be held on May 13, the petitioners urged the court to direct the SEC to defer the announcement of the calendar of events by a day.

They urged the court to ensure that the SEC did not precipitate matters even as a writ was pending in the High Court.

A Division Bench comprising Chief Justice Cyriac Joseph and Justice B.S. Patil, which was hearing the petition, orally refused to pass any orders. They noted the submission of the SEC counsel and Principal Government Advocate that courts could generally not stay the elections once the calendar of events were announced. Both cited Article 432 ZG which said that once announced the calendar of events could not be stayed.

The Bench adjourned further hearing on the matter till Wednesday.

The same Bench adjourned till Thursday another petition challenging the inadequate time given by the State Government to the people to file objections to a notification reserving seats in local bodies.

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