The Kalaburagi Bench of the High Court of Karnataka that heard two petitions related to the elections to the posts of Mayor and Deputy Mayor of the Kalaburagi Mahanagara Palike on Friday rejected the list of 68 electors, which included five BJP MLCs from outside the district, and asked the authorities concerned to conduct the elections within one month based on the previous electoral rolls which had 63 names. It also reversed the reservation to the post of the Mayor from Scheduled Castes to general category woman.
Of the 55 seats in the Kalaburagi Mahanagara Palike, the Congress had won 27 seats and emerged as the single-largest party followed by the BJP with 23 seats and the Janata Dal (Secular) with four seats. The Congress’ strength on the floor was 29 with one MLA and one Rajya Sabha member. The BJP also matched the Congress’ tally with three MLCs, two MLAs, and a Lok Sabha member. It was expected that the Congress and the JD(S) collation would get the mayoral posts.
Seven BJP Members of the Legislative Council — Laxman Savadi (Athani), Tulsi Muniraju Gowda (Bengaluru), Pratap Simha Naik (Ujire), Lehar Singh (Bengaluru), Bharati Shetty (Bengaluru), Sabanna Talawar (Belagavi), and Raghunathrao Malkapure (Bidar) — had meanwhile applied for including their names in the electoral rolls of the Gulbarga South Assembly constituency so that, by virtue of their local residence, they could become members of the civic body and cast their votes in the mayoral elections. The applications of five MLCs — Mr. Savadi, Mr. Gowda, Mr. Singh, Ms. Shetty, and Mr. Malkapure — were accepted and their names were included in the electoral rolls of the Gulbarga South Assembly constituency. The Congress knocked on the court’s door challenging the BJP’s efforts to capture the mayoral posts through what it called “illegal means”.
In another development, the Mayor’s post, which was originally reserved for Scheduled Tribes, was subsequently, reserved for general category woman and then for Scheduled Castes. It was widely viewed that the BJP had changed the reservation just to prevent Yallappa Naikode, the only Scheduled Tribes candidate in the civic body who was elected on the Congress ticket, from assuming the Mayor’s post. Challenging the change of reservation, Mr. Naikode had approached the court.
The Bench, headed by Justice E.S. Indiresh, clubbed and heard both the petitions on Thursday and Friday.
“It is a well-established principle that rules of the game cannot be altered after the commencement of the game and the said moral obligation is applicable to the respondent-State also. Accordingly, the points that arose for consideration in these petitions are answered in favour of the petitioners,” Mr. Justice Indiresh said in the order.
He directed Regional Commissioner N.V. Prasad, who is also the election officer, to conduct the mayoral elections as per the notification issued on November 6 last year, according to which the civic body has 63 electors, including eight ex-officio members, and the Mayor’s post was reserved for general category woman.
Reacting to the development, Sharan Prakash Patil, Congress leader and former Minister told The Hindu: “It is a big victory for democracy. The BJP attempted to undermine the people’s mandate by using loopholes in the legal system. But the court has mercilessly turned it’s efforts down. We wholeheartedly welcome the ruling and appreciate the court for upholding the natural justice and the rule of law.”
