MLC polls: HC allows EC to declare Bengaluru Urban seat result

A division bench of the Karnataka High Court on Monday permitted the Election Commission of India (ECI) to declare the results of Karnataka Legislative Council election from Bengaluru Urban local authorities constituency.

The ECI had moved an appeal against the interim order passed by single judge bench that the votes cast by 15 nominated members of Bommasandra, Attibele and Anekal town municipal councils shall be kept in a separate ballet box, placed in a sealed cover, and that the result of the election shall not be declared without the leave of the court.

A division bench comprising Chief Justice Ritu Raj Awasthi and Justice Sachin Shankar Magadum modified the interim order to the extent that the result shall be subject to final decision in the writ petition before the single judge bench.

“Prima facie, we are of the considered view that the question of participation of the nominated members of the municipalities in the legislative council elections was the main question before the writ court which was required to be adjudicated finally. And as such there was no case for the interim relief. We therefore, modify the order dated December 9, 2021 passed by the learned single judge to the extent that the election to Bengaluru Urban local authority constituency to the legislative council shall go on uninterruptedly. The nominated members can participate in the elections and cast their votes. The result of the election shall be declared, which shall be subject to final decision in the writ petition,” the division bench said.

The petition before the single bench was filed by Congress candidate Yousuf Sharif, on the ground that 15 members have no right to vote in the election, since they are nominated members of the municipalities.

The petitioners argued that Article 243R of the constitution debars nominated members from participating and casting their votes in the meetings of the municipalities.

They said since they do not have any voting right in the meeting, they cannot be given the right to vote in the legislative council elections.

Appearing for the ECI, senior advocate Dhyan Chinnappa argued that Article 243R has no applicability to the election for the legislative council and said that nominated members had also voted in the earlier elections.