BENGALURU: The Karnataka High Court on Wednesday adjourned to August 29, the hearing of a batch of petitions challenging the delimitation notification of BBMP wards, ahead of a hearing in the Supreme Court on August 26. It gave an oral direction to the petitioners to seek clarification from the
apex court.
Justice Hemant Chandangoudar was hearing arguments of the state government, counsels of petitioners and State Election Commission (SEC). Counsels of the petitioners argued that the Supreme Court, in its order dated July 28, 2022, had given liberty to aggrieved parties to approach the court if there is any grievance. In view of this, the high court will have to consider the prayer for an interim stay order sought by the petitioners, who have challenged the delimitation notification dated July 14, 2022.
The SEC’s counsel contended that elections have to be held without waiting for rectifying any discrepancies, which can be corrected for the next election, as the Commission is obliged to comply with directions issued by the apex court in the Suresh Mahajan case on May 10, 2022. The aggrieved petitioners can move the apex court for clarification, he argued.
The court orally asked the petitioners to approach the apex court, so that it can pass the order and dispose of the petitions. In the case of Suresh Mahajan vs State of Madhya Pradesh and others, the apex court held that conduct of elections for a newly elected body is explicitly provided for by the Constitution and therefore, delimitation need not detain elections. The court has also made it clear that the order was applicable to all states and Union Territories.