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Finish BBMP poll process by May 30: HC, Bruhat Bengaluru Mahanagara Palike,BBMP poll, BBMP Election 2015

Finish BBMP poll process by May 30: HC

BENGALURU: The Karnataka high court on Monday directed the state government as well as the State Election Commission (SEC) to complete the process of election to the BBMP by May 30.

Justice B V Nagarathna issued the directive while allowing petitions filed by C K Ramamurthy and others, sitting corporators and voters. She directed the state government to fix the ward-wise reservation list by applying rotation on or before April 13.

"If the state fails to provide the list, the SEC can proceed with the calendar of events with the existing reservation list," the judge said.

Justice B V Nagarathna rejected the state government's contention for deferring the election which included the proposal to divide the BBMP. "Bifurcation or trifurcation cannot be done by a stroke of the pen, but must follow the prescribed procedure envisaged under Section 4 of the KMC Act. It is a time-consuming exercise, it has to follow the prescribed legal procedure. By April 22 (when the term of the existing BBMP council expires), the procedure cannot be completed." Elections cannot be postponed because there is an intention to divide the BBMP, she observed.

The judge noted that if the decision to divide the BBMP is not taken to its logical conclusion, the state has to be directed to carry out the delimitation process by 2020. Reconstitution of the BBMP is a must before undertaking any exercise to reduce/divide its area.

"The existence of a civic body... is not only a constitutional requirement but also a necessity for local governance. There cannot be a vacuum as far as municipal governance is concerned," the judge noted.

The court took the State Election Commission to task for failing to approach the court in a matter wherein it has a constitutional obligation.

Govt to go in appeal

Hours after the high court order, the state government said it would soon file an appeal requesting the court to give permission to postpone the polls.

"The cabinet has already taken a decision to trifurcate the BBMP which means the present structure will cease to exist after its term gets over April-end. We will explain the importance of the need of BBMP restructuring before going to civic polls. Even otherwise, it is difficult to hold elections in the term set by the court," a senior minister told TOI.

Sources in the urban development department said a notification on BBMP trifurcation will be out soon.

src:timesofindia

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