High court orders notice to Karnataka government on Greater Bengaluru validity
A division bench comprising Chief Justice Vibhu Bhakru and Justice CM Joshi directed the respondents to submit responses by the next date of hearing.
Appearing for petitioners, senior advocate MB Nargund submitted that elections to BBMP were last held in August 2015. According to him, the Greater Bengaluru Governance Authority violates the 74th amendment to the Constitution on strengthening municipal bodies.
The petitioners cited the Supreme Court's decision in the Kishan Singh Tomar case, where it specified that State Election Commissions are required to conduct time-bound polls.
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The PIL was jointly filed by film director TS Nagabharana, former BBMP corporator G Manjunatha Raju and GS Renuka Prasad, chairman of Shanthinagar Residents' Welfare Association.
The Greater Bengaluru Authority, created through an Act, is an apparatus which will enable the state govt "to intrude into" the local govt's administration and functioning "without holding elections", the petitioners said, in a reference to the non-conduct of elections to the BBMP for the past five years.
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The petitioners contended that the authority's establishment is unconstitutional as its functions are almost the same as a municipality's. "Further, Section 15 of the Act confers the responsibility of formulation and execution of major projects, and for that purpose, it can even borrow money as per Section 23 of the Act," the petitioners said.
The petitioners stated that the Greater Bengaluru Authority is not a municipality or municipal corporation as per Article 243Q of the Constitution of India. Hence, this takes away the principle of decentralisation as enshrined in the constitutional amendment. "Under the Constitution, the Metropolitan Planning Committee will prepare a draft development plan for the metropolitan area and forward the plan to the state govt.
As the CM himself is the head of Greater Bengaluru Authority and the Authority is responsible for planning, the separation of roles is completely removed by the Act," the petitioners said.
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