Supreme Court dismisses Karnataka Election Commission petition on holding elections to Zilla, Taluk Panchayats

The Bench observed the Election Commission can approach the High Court, since the matter is pending there

The Supreme Court on Friday dismissed the petition filed by the Karnataka State Election Commission seeking permission to hold elections to all the Zilla & Taluk Panchayats in terms of the Delimitation notifications issued by it on March 30, 2021.

The bench comprising Justices Aniruddha Bose and Vikram Nath dismissed the petition and said the Election Commission can approach the Karnataka High Court as the matter is pending there.

Prabhulinga Navadagi, Advocate General, who represented Karnataka Government said that since the matter is pending before the Karnataka High Court, no need for the Supreme Court's intervention at this juncture.

The Bench observed that since the High Court is hearing petitions related to the BBMP and Zilla and Taluk Panchayat elections, the Election Commission can approach the High Court.

Earlier, the State Election Commission filed a special leave petition before the Supreme Court seeking a stay to the High Court order and sought permission to hold elections of all Zilla and Taluk Panchayats in terms of the Delimitation Notifications dated March 30, 2021, issued by the State Election Commission and Reservation Notifications dated July 1, 2021, issued by it.

The Election Commission in its petition said that the High Court had in its earlier interim order dated May 24, 2022, granted 12 weeks time to the State Government to complete the exercise of completion of Delimitation of Constituencies and fixing of Reservation to all the constituencies of Zilla and Taluk Panchayats.

The EC said that despite 12 weeks having lapsed since the interim order of the High Court, the state government did not take any steps to hold elections. Instead, it sought further extensions of six months citing amendments brought about by the Karnataka Gram Swaraj and Panchayat Raj Act 1993 and the request made by the Delimitation Commission seeking an extension of time.

The EC also said that Zilla and Taluk Panchayats have been functioning under administrators for the past year. If a further 12 weeks time is granted without any conditions being imposed, the state government would seek another extension. In the meanwhile, if the Legislative Assembly elections are announced, then elections to Zilla and Taluk Panayayats would be definitely postponed, the EC said.