BJP files petition in Karnataka High Court questioning Section 10 of Municipal Act

BENGALURU: BJP today filed a petition before the Karnataka High Court questioning Section 10 of Karnataka Municipal Act 1976, which empowers non-corporators, including MPs and MLAs, to participate in mayoral elections.

The petition was filed by first-time five female BJP corporators - M Pramila, R Pratima, Deepa Nagesh, Umavati Padmaraj and Kumari Palanikant, questioning KMC Act and participation of MLAs, MPs and MLCs in mayoral poll.

BJP's decision to move the High Court comes in the wake of JD(S) deciding to join hands with Congress for the mayoral polls to Bruhat Bengaluru Mahanagara Palike (BBMP), in spite of BJP emerging as the single largest party with 100 directly elected members out of 198 wards.

Congress, JD(S) and others have bagged 76, 14 and eight respectively.

Former Prime Minister and JD(S) Supremo H D Deve Gowda opened the cards by announcing JD(S)-Congress alliance to secure the numbers for mayoral elections.

Under Article 243(R) of the Constitution, the petitioners say it makes a distinction between directly-elected corporators and nominated members of the municipality.

The Article places the corporators on a higher pedestal vis-a-vis the nominated members, which does not provide voting rights to them, the petitioners argued.

"The state government is trying to provide rights to the nominated members to exercise their franchise in mayoral elections," they said.

The petitioners also contended that the same Article allows nominated members representation which is limited to rendering assistance in administration matters.

"Their involvement and representation does not extend to participating and voting in mayoral elections,"they contended.

Besides corporators, the 260-member BBMP Council includes 62 other members from Bengaluru with voting rights. They include members of Lok Sabha, Rajya Sabha, MLAs and MLCs.

With the magic number to gain control over BBMP being 131, BJP's strength, including corporator members, stands at 125, Congress at 111, JD(S) 21 and others 13.