Ward delimitation panel headed by BBMP chief has not met even once in 6 months
Matter pending in Supreme Court: SEC affidavit says Karnataka govt’s bid to increase BBMP wards is constitutionally untenable, while BBMP affidavit says increase in wards is for ‘efficient administration’
BENGALURU:
While various political parties and potential candidates are straining at the leash, wondering when the next elections to the BBMP council will be held, the civic agency’s chief is yet to hold a maiden meeting on ward delimitation. Meanwhile, the issue is totally polarized, with the State Election Commission (SEC) in favour of elections to the erstwhile 198 wards while the BBMP administration is batting for 243 wards.
Unfortunately for Bengalurens, the civic body continues to function sans elected representatives for the last 302 days, after the state government appointed an administrator on September 10, 2020.
ಇಲ್ಲಿ ಓದಿ: ಬೆಂಗಳೂರಿಗರೇ, ಇನ್ನೊಂದೂವರೆ ವರ್ಷ ಬಿಬಿಎಂಪಿ ಚುನಾವಣೆ ನಡೆಯೋದೇ ಅನುಮಾನ
The BBMP elections-related issue is now before the Supreme Court after the state government challenged the Karnataka High Court’s order which had directed the government to conduct polls to the civic body. For over seven months, the matter is before the Supreme Court Registrar and has not reached the bench due to non-filing of affidavits and counter-affidavits.
Also Read: SC stays Karnataka HC order on early BBMP polls
Also Read: ‘Scripted’ BBMP elections: All three political parties oppose it
Meanwhile, TheBengaluruLive has accessed copies of affidavits filed by the SEC and BBMP before the Supreme Court registrar – the former seeking polls to 198 wards and the latter stressing polls for 243 wards.
Also Read: BBMP elections: SC grants 4 weeks’ time for counter affidavits
The SEC’s 49-page affidavit through advocate Sahil Tagotra claims that the government’s special leave petition is liable to be dismissed since it is a blatantly illegal and untenable attempt on the part of the petitioner (the state government) to delay elections to BBMP even though the tenure of the elected representatives ended on September 10, 2020.
‘Ultra vires of Article 243-U’
According to the SEC affidavit, the two notifications dated October 14, 2020, issued by the state government, pursuant to passing of the KMC Act (third amendment) 2020, are ultra vires of Article 243-U of the Constitution since they seek to alter the number of civic wards although the BBMP elections are long overdue and for which the process was already at an advanced stage.
The SEC further pointed out that the state government’s attempt to postpone elections to BBMP on the pretext of revision of the electoral rolls by increasing the number of wards flies in the teeth of the Supreme Court’s directive in Kishansing Tomar Vs. Municipal Corporation of Ahmedabad (2006).
Since Article 243-U(3) deems the election process to have been completed by August 10, 2020, the phrase “with immediate effect” used in the October 14, 2020 notification can only be applied to subsequent elections given there was no de jure subsisting election as on October 14, 2020.
Drawn-out process
The SEC pointed out that the delimitation commission should recommend to the state government the manner of delimitation of civic wards. Subsequently, the delimitation exercise has to be carried out for fixing the boundaries of 243 wards since each ward is a single-member constituency and the number of councillors has been increased from 198 to 243 pursuant to the amendment. It is only thereafter that the final delimitation notification will be published.
The entire process will require at least 12 months. Further, it would require a minimum of 4 to 5 months for preparation and finalization of fresh electoral rolls for the newly formed 243 wards. Cumulatively, effecting the delimitation of wards as per the amended Act would delay the BBMP elections by at least 1.5 years, the SEC noted.
Enhancing governance: BBMP
On the other hand, the counter-affidavit filed by BBMP’s legal cell head KD Deshpande has stated that the number of wards in the city of Bengaluru had already been increased to 243 wards by way of notifications issued under the amended KMC Act. “The primary objective is to enhance the governance of urban local bodies by ensuring that they perform effectively as vibrant democratic units of self-government. Moreover, it is also relevant to point out herein that the amendments would help the petitioner state and the answering respondent corporation in efficient administration of the wards, which would otherwise become oversized and disproportionately populated.”
Delimitation panel’s tenure nearly over
With the objective of creating 243 wards in Bengaluru city, the Karnataka government had issued a notification appointing the BBMP Commissioner as chairman of a delimitation commission on January 29, 2021.
The notification had empowered the committee to complete the delimitation task within six months. But till today, not a single meeting has been held.
“In exercise of the powers conferred by sub-section 2A of section 21 of the Karnataka Municipal Corporations Act 1976 (Karnataka Act 14 of 1977), the government of Karnataka hereby constitutes the delimitation commission consisting of members, to recommend to the state government the manner of delimitation of wards in respect of the Bruhath Bengaluru Mahanagara Palike area, with a tenure of 6 months,” the notification copy reads.
