SC to hear petition on Jan 22

SC to hear petition on Jan 22

 
A bench headed by Chief Justice K G Balakrishnan said it would hear the application on January 22. Senior advocate Shanti Bhushan and advocate E C Vidyasagar appearing for M Ramesh, former president of Yelahanka CMC and K Devan submitted that the  corporation election should be stayed as it “violates the constitutional provisions.”

On January 6, the apex court allowed the Karnataka government and State Election Commission to conduct the election in accordance with the government notification by staying a double-bench order of the Karnataka High Court.

Ramesh, who belongs to SC/ST category, will be deprived from contesting from his constituency if the order of the division bench of the Karnataka HC is implemented. “The applicant had filed petition praying for quashing of the notification of November 30, 2009. By this notification, the state government made reservations for various categories in 198 wards for the BBMP elections,’’ said Ramesh in the application.

As per provisions of the KMC Act, the reservation of seats should be based on the population of the SC/STs in the municipal area as per the last census. In the present case the state government has ignored this aspect and reserved the seats based on SC/ST population in the Assembly segments of the BBMP. “This is totally illegal and unconstitutional,’’ said the application.

The election to the BBMP is scheduled for February 2010 in accordance with the ruling of the division bench of the High Court on September 17, 2009.

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