The High Court of Karnataka on Wednesday directed the Election Commission of India (ECI) not to announce the results of the elections to be held to the Legislative Council from the Bangalore Urban Local Authorities (BULA) constituency without its prior permission pending consideration of right of 15 nominated members of the local authorities to vote in the election.
Stating that elections could go on as per the schedule, the court said that the votes of the 15 nominated members of three town municipal councils of Bommasandra, Attibele, and Anekal should be placed in a sealed cover by arranging a separate ballot box for them to cast their votes.
Justice M. Nagaprasanna passed the interim order on a petition filed by Yousuf Sharif, who is contesting from the BULA constituency as a Congress candidate.
Senior Advocate Ravivarma Kumar, appearing for the petitioner, contended that under Article 243R of the Constitution of India the nominated members who had no right to vote even in the meeting of the municipal council, could not be seen to be voting in a Legislative Council election. Allowing these nominated members to vote in the Council elections would run counter to Article 243R of the Constitution.
However, S.R. Dodawad, counsel for ECI, contended that there was no mandate in the law that only elected members should be allowed to cast their votes in the elections to Legislative Council from the local local authorities constituencies.
Observing that the matter required deeper consideration, the court adjourned further hearing till December 20.
