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A. M. KHANWILKAR, J. B. PARDIWALA
State of Karnataka – Appellant
Versus
M. Shivaraju – Respondent
ORDER
SLP (C) No(s). 15181-15183/2020, SLP(C) No. 15798-15800/2020 AND SLP(C) No. 15796/2020
1. Heard learned counsel for the parties.
2. Mr. Tushar Mehta, learned Solicitor General has invited our attention to the Bruhut (Greater) Bangalore Mahanagara Palike Act, 2020 (for short, "Act of 2020") which he submits has come into effect from 11.01.2021.
3. Consequent to coming into force of the said Legislation, the State has appointed a Commission for delimitation of wards and a dedicated Commission for providing reservation, including for Other Backward Classes (OBC) category.
4. The process of delimitation of wards, it is stated, is at the final stage and formal notifications are likely to be issued shortly by the State Government.
5. To be on the safer side, it is urged that the Court may permit the State Government to complete the process of issue of notification regarding delimitation of wards up to eight weeks from now.
6. Simultaneously, the State Government has assured to put in all efforts to ensure that the work assigned to the dedicated Commission concerning the determination of proportion of reservation, would also be completed within the same time and notified accordingly.
7. The
The court's decision emphasized the importance of timely completion of the notification process and the expeditious conduct of elections in accordance with the Bruhut (Greater) Bangalore Mahanagara P....
The court has the authority to grant time for the State of Karnataka to finalize and submit a report for providing political reservation and electoral representation for conducting elections.
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Point of Law : Clause (4) of Article 243-U prescribes that a municipality constituted upon the dissolution of a municipality before expiration of its duration, shall continue only for remainder of th....
Article 243E mandates elections to Panchayati Raj Institutions before five-year term expiry; Disaster Management Act orders cannot override this constitutional duty absent proven exceptional circumst....
Delimitation exercises must adhere strictly to statutory provisions to ensure free and fair elections; failing to do so constitutes a colorable exercise of power.
The main legal point established in the judgment is the limited scope of judicial review in administrative actions, emphasizing the prevention of arbitrariness, irrationality, unreasonableness, bias,....
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