B.V.NAGARATHNA
C. K. Rama Murthy – Appellant
Versus
State Election Commission – Respondent
B.V. Nagarathna, J.
1. "A democratic form of Government would survive only if there are elected representatives to rule.... Any decision to postpone elections on unreasonable grounds is anathema to a democratic form of Government and it is subject to judicial review on traditionally accepted grounds..... It is the duty of the State Election Commission to see that election is done in a free and fair manner to keep democratic form of Government vibrant and active." Election Commission, In Re: Special Reference No. 1 of 2002, (2002) 8 SCC 237 (Gujarat Assembly Election matter). The aforesaid observations of the Hon'ble Supreme Court have been relied upon by the petitioners in these cases to seek a direction to respondent-State Election Commission ("Commission" for short) to hold election to the respondent-Bruhat Bengaluru Mahanagara Palike (BBMP) on or before 22.4.2015. A direction is also sought to determine the wards and reservation of seats for the purpose of holding election on completion of the present term of the Corporation.
Factual Matrix:
2. Petitioners in W.P. Nos. 7939-40/2015 are presently holding the office of Councillors of BBMP representing Ward No. 168-Pattabhirama
Election Commission, In Re: Special Reference No. 1 of 2002
Kishansingh Tomar v. Municipal Corporation of the City of Ahmedabad : (2006) 8 SCC 352
Kesavananda Bharati v. State of Kerala: AIR 1973 SC 1461)
M.S. Gill v. Chief Election Commissioner
T.N. Seshan v. Union of India : (1995) 4 SCC 611
Mohinder Singh Gill v. Chief Election Commissioner : (AIR 1978 SC 851)
A.C. Jose v. Sivan Pillai: (1984)2 SCC 656
Kanhiya Lal Omar v. R.K. Trivedi : (1985) 4 SCC 628.
State of Maharashtra v. Jalagaon Municipal Council & Others : (2003) 9 SCC 731
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