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 (a) of sub-section (1) of Section 7 of the said Act of 1976, BBMP consisted of one hundred and ninety eight (198) elected Councillors. For holding the general elections of BBMP, a notification of delimitation of Wards was issued on 23rd June 2020 by the State Government in accordance with clause (a) of sub-section (1) of Section 21 of the said Act of 1976. A draft notification of reservations of Wards was issued as per clause (c) of sub-section (1) of Section 21 of the said Act of 1976 and the same was published on 14th September 2020. The draft of the Ward-wise electoral rolls has been published by the State Election Commission (for short 'the SEC') on 19th October 2020 and final electoral roll is scheduled to be published on 30th November, 2020.

3. The main controversy in these petitions arises as a result of the amendment which is brought into force with effect from 3rd October 2020 to the provisions of the said Act of 1976. The amendment was made by the Karnataka Municipal Corporations (third Amendment) Act, 2020 (for short 'the Amendment Act') which has been published in the official Gazette on 3rd October 2020. Prior to coming into force of the said Amendment Act, sub-clause (a) of sub-Section (1) of Section 7 provided that the number of elected Councillors of a Corporation shall not be less than thirty and more than two hundred as the Government may, by a notification, determine. By the Amendment Act, a proviso was added after sub-clause (a) of sub-section (1) of Section 7, providing that BBMP shall consist of not less than 225 but not more than 250 Councillors, as the Government may decide by issuing a notification. As per sub-section (1) of Section 21, the power to determine the number of Wards into which the city shall be divided and the extent of each division is vested in the State Government. The Amendment Act added sub-section (2A) to Section 21 providing that the State Government shall constitute a Delimitation Commission consisting of such number of members, as may be prescribed, to recommend the State Government the manner of delimitation of Wards in each Corporation. On 14th October 2020, the State Government issued a notification by exercising its power under proviso to clause (a) of sub-section (1) of Section 7 of the said Act of 1976 for determining the number of Councillors for BBMP. By the said notification, it was provided that the BBMP shall have 243 Councillors. In view of issuance of the said notification, the contention of the State Government is that the area within BBMP will have to be divided into 243 Wards.

4. Though there is a challenge to the provisions of the Amendment Act, the main question which arises is whether the general election of BBMP which was due to be completed prior to 10th September, 2020 is required to