<p>The high court has passed an order reserving liberty to the petitioners in a batch of pleas challenging the July 14, 2022 notification of new delimitation of wards of BBMP to approach the Supreme Court seeking clarification. Justice Hemant Chandanagoudar has passed the order in view of the SC order in Suresh Mahajan case.</p>.<p>In the Suresh Mahajan case pertaining to Madhya Pradesh, the apex court had observed that if delimitation is not done by the state, the State Election Commission should give effect to the order directing that the election which are already due need not and cannot be delayed on that count in view of the constitutional mandate. The order also said that the direction was extended to other states as well.</p>.<p>Justice Hemant Chandanagoudar said while Section 13 of the BBMP Act, 2020 specifies that the general election should be held for the corporation before the expiry of duration of existing corporation, the term of the councilors had expired on September 10, 2020.</p>.<p>“Hence, in view of the order passed by the Supreme Court in the case of Suresh Mahajan and orders passed in Special Leave Petitions pertaining to BBMP election, it would be appropriate to reserve liberty to the petitioners to approach the SC to seek clarification as to whether the interim prayer/relief sought for in these writ petitions can be considered by this court,” the court said.</p>.<p>The hearing of the pleas, challenging the notification on new delimitation, has been adjourned to August 29, 2022. </p>
<p>The high court has passed an order reserving liberty to the petitioners in a batch of pleas challenging the July 14, 2022 notification of new delimitation of wards of BBMP to approach the Supreme Court seeking clarification. Justice Hemant Chandanagoudar has passed the order in view of the SC order in Suresh Mahajan case.</p>.<p>In the Suresh Mahajan case pertaining to Madhya Pradesh, the apex court had observed that if delimitation is not done by the state, the State Election Commission should give effect to the order directing that the election which are already due need not and cannot be delayed on that count in view of the constitutional mandate. The order also said that the direction was extended to other states as well.</p>.<p>Justice Hemant Chandanagoudar said while Section 13 of the BBMP Act, 2020 specifies that the general election should be held for the corporation before the expiry of duration of existing corporation, the term of the councilors had expired on September 10, 2020.</p>.<p>“Hence, in view of the order passed by the Supreme Court in the case of Suresh Mahajan and orders passed in Special Leave Petitions pertaining to BBMP election, it would be appropriate to reserve liberty to the petitioners to approach the SC to seek clarification as to whether the interim prayer/relief sought for in these writ petitions can be considered by this court,” the court said.</p>.<p>The hearing of the pleas, challenging the notification on new delimitation, has been adjourned to August 29, 2022. </p>
