M LAKSHMINARAYANA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In these petitions, the petitioners question the postponment of the polls to be held for the elections of the Councillors, City Corporations, in the State of Karnataka. However, W.P.No. 5726 of 1990 questions the postponement of the poll regarding Shimoga Municipal Council. Arguments were addressed by Sri H.B. Datar, the learned Senior Advocate, with reference to W.P. 3080 of 1990 and hence relevant facts are stated from the said Writ Petition.

(2.) Elections were announced to various Town Municipalities and the six City Corporations in the State. The decision was announced on 29-12-1989 by the Chief Electoral Officer (who is the Secretary to the State Government). Subsequently there was another direction dated 4-1-1990 to the concerned Commissioners, fixing the various dates relevant to the calendar of events. The last date for filing the nomination was 1-2-1990; scrutiny on 2nd February and the date of withdrawal 5-2-1990 and the date of the poll was 25-2-1990. Completion of the election was to be 28-2-1990- Calendar of events were, accordingly notified and the various stages were duly over till 15th February 1990.

(3.) On 15th February, 1990 the State Government employees went on a strike throughout the State. According to the petitioners, the State Cabinet met and decided to postpone the elections by putting forth the strike as a ground for the same, even though, only polls were to be held on 25-2-1990. On 20th February 1990 teleprinter message was sent regarding the postponement. On 22-2-1990 a notification was issued by the Commissioner postponing the poll until further orders. In the mean while, the Governor promulgated an Ordinance called the 'Karnataka Municipal Corporations (Amendment) Ordinance, 1990' (referred hereinafter, as 'the Ordinance'), amending Section 55 of the Karnataka Municipal Corporations Act, 1976 ('the Act', for short); this Ordinance came into force on 19-2-1990. By the amendment, a power was created in the State Government to issue directions regarding all matters connected with the elections including directions for postponement of the poll.