BENGALURU: In what could prove to be a back to the wall fight for the Siddaramaiah government, elections to the BBMP, delayed because the state government made a futile attempt to split the city civic body into three entities, could well be held on July 25 in line with directions of the Supreme Court. Speaking to DC, Bengaluru district in-charge minister Ramalinga Reddy said “the results, will in all likelihood be announced on July 29, and the council in place by August 5, as per the order of the apex court.”
With the Karnataka High Court rejecting the state government's plea for postponement of polls, it would not be possible to initiate the process of delimitation afresh. The quota system, however, would remain in place with 50 per cent of the 198 wards reserved for women, he added. Official sources said the State Election Commission (SEC) will announce the schedule for polls shortly, and the code of conduct will come into force with immediate effect.
Mr Reddy, meanwhile also expressed confidence that his party would repeat the performance witnessed in Gram Panchayat polls held recently and win over 100 wards to secure a clear majority in BBMP. The party will launch a campaign once poll dates are announced, he added. With the KMC (Amendment) Bill still pending approval by the select committee of the Legislative Council, Chief Minister Siddaramaiah has already started drumming up support for his party by announcing several projects to enhance the city's infrastructure during his weekly trips across Bengaluru.
A single judge bench of Justice B.V. Nagarathna ordered the state government and the State Election Commission to ensure that the polls are held within the time limit prescribed by the Supreme Court in its order dated May 5. The same judge had on March 30, directed the government to hold BBMP elections on or before May 30 making it clear that the elections should be held based on the existing delimitation of wards and updated electoral rolls following which the state had approached the Supreme Court.
The judge also imposed costs of Rs 10,000 on the state government and Rs 1000 as costs on the SC/ST Commission and other applicants payable to each of the four petitioners in the case. The judge also observed that the high court cannot modify the Supreme Court order. The apex court had on May 5 directed the state government to hold the polls in three months which means the poll process will have to be completed by August.
The argument of the state was that the 2011 census data was published in 2013 and the process of delimitation began in January, 2014 ending in February 2015. More time was needed to redraw BBMP wards and hold the polls as per the new reservation list, it contended. But the HC judge had contended that the elections should be held on the basis of the existing reservation list based on the population in 2001 and the updated electoral rolls.
The SC/ST Commission who filed applications, had argued that there is a huge difference in the population of the SC/STs which will deny an opportunity to the reserved classes. “In the 2001 census, the population of SC was 8.51 lakh which has increased to 12.98 lakh in the 2011 census. The ST population was 86,000 in 2001 which is 1.90 lakh in 2011. The total population of SC/STs in 2001 was 65.37 lakh which has increased to 96.21 lakh in 2011,” the Commission had argued.
Court rubs it in, asks govt to cough it up
In a huge embarrassment to the Siddaramaiah government, the Karnataka High Court handed a double whammy to the state government through its verdict on BBMP polls, by not only summarily rejecting the plea for postponement of elections but in a rare judgement, ordering it to pay up Rs 10,000 each to four petitioners as cost as well. The court also asked the state SC/ST Corporation to pay Rs 1,000 each to four petitioners as cost.
Former advocate general B.V. Acharya termed the court's order as a sort of embarrassment for the state government. “If the court is convinced of the mala fide intention of the petitioner, it has every right to impose a fine. One can easily make out that the government in power was never keen to hold elections to BBMP even though the Constitution is very clear. The government tried once again to postpone it in on one pretext or the other. The court realised this and imposed a fine. This will send a strong signal, and act as a deterrent," Mr Acharya added.
BJP team meets election commissioner, seeks early polls
After a single-judge bench of the High Court refused to interfere with Supreme Court order on the BBMP polls, the BJP unit from the city urged the Commissioner of State Elections Commission to conduct the polls as per court direction. Former law minister and Rajajinagar MLA Suresh Kumar led a delegation that met Election Commissioner P.N. Srinivasachari
and requested him to announce the calendar of event for BBMP polls without delay.
Since the state government is trying to postpone the BBMP elections, the commission should announce the poll dates without giving any room to the government to postpone the polls, the BJP team told the commissioner. Mr Srinivasachari told the BJP delegation that he will act based on the court directions. Sources in the commission said that the calendar of events is likely to be announced within a week. “Though the High Court and the Supreme Court have repeatedly slammed it, the state government is trying to postpone the elections. Considering the court verdict, the government should stop its attempts,” Mr Kumar said. The state government is considering approaching the Supreme Court once again, seeking more time.
Law and Parliamentary Affairs Minister T.B. Jayachandra said that the government will take a decision once it receives the copy of the single-judge bench judgement. “But it is left to the Election commission to announce the poll dates,” he said. “It was the SC/ST Commission and not the government that approached the High Court for postponement of elections. We will respect the court order. On its impact, we will consult the Advocate General. We will announce the reservation list,” he said.
Former chief minister H.D. Kumaraswamy said that the High Court order is a slap on the government’s face. “The government has resorted to double standards on holding BBMP polls. In the Supreme Court, it has filed a memo stating that it will conduct elections in three months, but in the High Court, it has sought more time. The government should stop its gimmick and hold the polls,” he said.
