JOIN USDuring the hearing of the petition by Venkatesha and others challenging the ordinance by the State Government dated October 4, 2010, Advocate general Ashok Harnahalli said that the reservation has been done in accordance with the law and the same cannot be withdrawn.
Stating that the process of election has already begun, he appealed the Bench not to stay the election process.
Earlier, the State Election Commision (SEC) in its objections has said that the ordinance is in accordance with the directions issued by the Supreme Court. During the hearing, K N Phanindra, Counsel for SEC said the term of the office of taluk panchayat and zilla panchayat is expiring on various dated during the month of January 2011 and emphasised on fresh elections.
He cited the Supreme Court Judgment between Kishansingh Tomar and Municipal Corporation of the City of Ahmedabad in the year 2008 and pointed out that the SEC is duty-bound to carry out the mandate under Article 243E of the Constitution of India and to conduct elections before the term of the existing elected bodies expire.
30-day delay
Citing the example of delay of Gram Panchayat polls by 30 days due to the poll to the Bruhat Bengaluru Mahnagara Palike (BBMP), he said the delay was challenged in the High Court through a PIL Phanindra said that the SEC does not want such repetitions.
He also submitted that a detailed note has also been sent to the governor explaining why the ordinance should not be withdrawn.
He observed that the entire exercise of reservation of seats for all the 176 taluk panchayats and 30 zilla panchayats have been complete and, the Counsel said that gazette notification has already been issued.
Justice Ashok B Hinchigeri, who heard the matter has adjourned the matter for pronouncement.