The Supreme Court on Friday said the Karnataka High Court can decide all issues arising of a plea challenging the validity of the delimitation of wards of BBMP while emphasising that it has not stayed the election process.
"We are of the view that it is just and proper for the High Court to decide writ petition and connected matters on merits and in accordance with the law," a bench of Justices S Abdul Nazeer and J K Maheshwari said.
The top court also clarified that the High Court can consider the request for passing an interim order.
As senior advocate Meenakshi Arora contended that the elections can't be held up due to challenge to delimitation, the bench orally said, "We have not granted any stay on the elections."
A group of counsel, including Arora, submitted before the court that the tenure of the corporation has expired in September 2020.
It was also contended before the top court that in Suresh Mahajan case, the Supreme Court had held that the election to local body polls can't be delayed in view of the pendency of delimitation exercise.
The counsel also asked the court to ask the High Court to decide the issue in a time-bound manner but the bench said it can't fix a time limit for it.
Senior advocate Kapil Sibal, appearing for a petitioner, submitted that "We challenged the delimitation process but the High Court said we should get clarification from the Supreme Court."
Solicitor General Tushar Mehta, appearing for the state government, said since the issue is pending before the High Court, it should be allowed to consider the matter.
The court, referring the matter to the High Court, adjourned the case for hearing after eight weeks.
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