BENGALURU: The Karnataka High Court on Monday issued notice to the state government on the public interest litigation filed by the State Election Commission (SEC) alleging that it has not issued a final reservation notification to conduct the elections to 187 municipalities (urban local bodies) for which the term is expiring between October and December 2025, despite repeated requests.
A division bench of Chief Justice Vibhu Bakhru and Justice CM Poonacha passed the order to issue notice to the Chief Secretary and Additional Chief Secretary of the Urban Development Department to submit their response, after hearing the petition filed by the SEC.
The SEC, through its advocate Vaishali Hegde, stated in the petition that the State Government is bound to issue the reservation notification under Section 42 (2-A) of the Karnataka Municipalities Act, 1964, for the posts of president and vice president to all the municipalities. Unless it is issued, the SEC will not be in a position to declare and conduct the elections.
Under such circumstances, the SEC is handicapped in taking further steps in the preparation, announcing and conducting the elections to 187 municipalities, including 47 city municipal councils, 91 town municipal councils and 49 town panchayats, the SEC, represented by its Under Secretary, alleged.
It was also stated that a delay in the issue of notification would result in a delay in conducting elections and appointment of administrators by December 2025, and thereby not only violate the mandate contained under Article 243-U of the Constitution but also the law laid down by the Supreme Court in the Kishansing Tomar case.
Further, the SEC contended that the state government is duty-bound to extend full cooperation and assistance to the SEC in matters relating to the timely and smooth conduct of elections.
However, the Chief Secretary and Additional Chief Secretary of the Urban Development Department have totally erred and failed in their duty in not taking immediate action to commence and complete the process of reservation of seats, the SEC stated while pointing out the letters written to them in January and June 2025.