PIL challenges BBMP Act, 2020

The High Court of Karnataka on Monday ordered a notice to the state government and the BBMP on a PIL challenging the provisions of the BBMP Act, 2020.

The PIL, filed by social activists C N Deepak and Vijayaraghava Marathe, claimed that a new class of nominated members is being created under the new legislation. Supervisory bodies such as constituency consultation committees and zonal committees have been vested with powers to allocate funds to the ward committees. Not providing the ward committees with any powers is in violation of Article 243-S of the Constitution, the petition said.

The petition prayed for a direction to declare Sections 75 and 76 of the new act as ultra vires the Constitution since constituency consultative committees and zonal committees have more roles and powers compared to the wards committees.

A division bench headed by Chief Justice Abhay Shreeniwas Oka has directed the matter be posted along with another PIL.

The other PIL, filed by city-based social activist L S Mallikarjun, contended that the state government has no authority to enact a separate law for BBMP areas. The petition had also stated that the provision regarding reservation of the office of the mayor and deputy mayor by rotation on the occurrence of vacancies run contrary to Articles 243 T and U of the Constitution.