HC dismisses govt plea on BBMP polls

HC dismisses govt plea on BBMP polls

HC dismisses govt plea on BBMP polls

Decks have been cleared for holding elections to the Bruhat Bangalore Mahanagara Palike (BBMP) with the High Court on Monday dismissing the State government’s impleading application (IA) seeking modifications to the earlier court orders to conduct polls to the civic body.

The government was at the receiving end as the High Court not only dismissed the IA, but also levied a fine of Rs 10,000 payable to each petitioner in the case for abusing the judicial process. 

Justice B V Nagarathna directed the authorities and the State Election Commission to comply with the earlier orders of the High Court and Supreme Court to conduct the elections to the BBMP. 

“The respondent authorities are directed to comply with the spirit of the order dated March 30, 2015 and the order of the Supreme Court dated May 5, 2015 by issuing necessary notifications and taking requisite steps for holding elections in terms of the time stipulated by the Supreme Court.” 

The State government on May 5, 2015 had expressed its readiness before the Supreme Court to hold the polls within three months. It had submitted before a three-judge bench, presided over by Chief Justice H L Dattu, that Chief Minister Siddaramaiah has informed that the polls would be conducted within three months.

Later, following a petition by the Karnataka State Commission for Scheduled Castes and Scheduled Tribes in the High Court challenging the ward reservation list for the polls, the State government filed an IA, seeking to modify the earlier High Court order.

The government sought time to conduct polls on the grounds that delimitation of wards and fixing reservation would take time.

Holding that the government’s IA is not maintainable, the bench said it does not have a locus standi to file the application as the High Court order of March 30, 2015 to conduct elections has been upheld by the Supreme Court. 

The applications filed by the other applicants were also dismissed with a cost of Rs 1,000 payable to each petitioner, on every application filed by them, for “abuse of process of judiciary”.

Stating that it is a matter of regret that the State had filed an application seeking modification of the order, Justice Nagarathna said, “This court cannot interfere with the directions of apex court as it amounts to judiciary indiscipline.”

“These applications filed by the applicants, including the one by the State, are not only abuse of process of this court, but contrary to the principle of finality of litigation and have taken up considerable time of this court,” said the order which runs over 50 pages.

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