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2020 Supreme(Kar) 2384

ABHAY SHREENIWAS OKA, S.VISHWAJITH SHETTY
M. Shivaraju – Appellant
Versus
State of Karnataka – Respondent


Advocate Appeared:
For the Appellant :Ravivarma Kumar, Senior Advocate for Sharada Bai, K.N. Phanindra, Vaishali Hegde, Advocate
For the Respondents:Prabhuling K. Navadgi, Vikram Huligol, K.N. Phanindra, Vaishali Hegde and Bhathe Gowda K.V., Advocates

ORDER :

Abhay Shreeniwas Oka, J.

FACTUAL MATRIX

1. These petitions concern the general elections of the Bruhat Bengaluru Mahanagara Palike (for short 'the BBMP') which is a Municipal Corporation constituted in accordance with Sections 6 and 7 of the Karnataka Municipal Corporations Act, 1976 (for short 'the said Act of 1976'). The BBMP is a Municipality within the meaning of clause (e) of Article 243P of the Constitution of India (for short 'the Constitution'). As per clause (1) of Article 243U, the term of BBMP is for a period of five years from the date appointed for its first meeting. The term of the office of the Councillors of a Corporation constituted under the said Act of 1976 is of five years. There is no dispute that the term of five years of BBMP, as contemplated by clause (1) of Article 243U, has expired on 10th September 2020 and the election to constitute BBMP ought to have been completed before the expiry of its duration specified in clause (1) of Article 243U. As per the Constitutional mandate incorporated in sub-clause (a) of clause (3) of Article 243U, the elections of BBMP ought to have been held before 10th September 2020.

2. Prior to 14th October 2020, as per clause

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