The high court Wednesday adjourned hearing on petitions challenging BBMP ward delimitation until August 29.
Justice Hemant Chandanagoudar said that in the meanwhile, it would be better if the petitioners sought a clarification from the apex court in view of its order in the Suresh Mahajan case.
On May 10, 2022, in Madhya Pradesh’s Suresh Mahajan’s case, the Supreme Court had held that the process of delimitation and/or triple test compliance is continuous, complex,
time-consuming and hence any infirmities or irregularities can be rectified in the next election.
The Supreme Court had said that defects in the delimitation need not detain the issue of election programmes by the State Election Commission (SEC).
In the batch of petitions before the High Court of Karnataka, the SEC cited this judgement and said the directions are not limited to the Madhya Pradesh State Election Commission but to all the states/union territories and the respective election commission to abide by the same without fail to uphold the constitutional mandate of holding time-bound election to local bodies.
Justice Chandangoudar said that it would be better if the petitioners seek clarification since the Supreme Court is taking up further hearing on matters related to the BBMP election on August 26. The court also asked the government to furnish information in a chart with authentic information on delimitation exercises so as to enable the court to pass specific orders.
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