FOUZIA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THESE petitions had been listed today in the morning session, learned counsel appearing for the respondents had been notified, they have been served and they have appeared before this Court. Keeping in view the nature of the proceedings and since the matter relates to the conduct of elections to the urban local bodies, the petition itself is taken up for consideration as urgency is involved.

(2.) THE petitioners are before this Court assailing the notification dated 07.02.2013 by which the reservations have been made in respect of the elections to the urban local bodies.

(3.) LEARNED senior counsel would also contend that presently it is not in dispute that the reservation list has been forwarded by the State Government to the Election Commission on 14.02.2013 and since the Calendar of Events would come into force only from 16.02.2013, even at this juncture, it would be open for the Election Commission to adopt the reservation list which has been sent by the State Government to the State Election Commission which would serve the ends of justice and therefore, the same is to be adopted. It is the further contention of the learned senior counsel that such acceptance of the list by the State Election Commission would not violate the orders of the Hon'ble Supreme Court since the time frame indicated therein was for the Government to send the list. In other respects, it had been left open to the State Election Commission to proceed in the matter and therefore, even at this juncture, the acceptance of the list by the State Election Commission would not violate the order of the Hon'ble Supreme Court. In that view, it is contended that the prayer made in the instant petition requires to be considered inasmuch as the rights of the parties would otherwise get effected and the parties would loose the chance of contesting the election. Moreover, the electorate would not have the opportunity of choosing the right candidate. The said power of the State Election Commission is traced to Article 243K of the Constitution.